Arizona Revives 160-year-old Abortion Ban

With about seven months left until the US election, a court ruling banning abortion in Arizona, a key battleground state, is expected to emerge as a major election issue.

According to foreign media such as the New York Times (NYT), CNN, and AP, on the 9th (local time), the Arizona Supreme Court ruled that it could reinstate the state’s old law that bans abortion at all stages of pregnancy, except when the mother’s life is in danger.

This law, enacted in 1864, criminalizes all abortion procedures except when the pregnant woman’s life is threatened. It made no exceptions for pregnancies resulting from rape or incest. Doctors or medical staff who assist in terminating a pregnancy could face a prison term of two to five years.

Of the six Supreme Court justices, four agreed with recognizing the validity of the 160-year-old law, while two opposed it. However, there is a 45-day grace period before the law is enforced. Originally, abortion was possible up to 15 weeks of pregnancy in Arizona.

With today’s ruling, Arizona has become one of the strictest places in enforcing abortion restrictions, along with Texas, Alabama, and Mississippi. The trend of laws criminalizing abortion, mainly in Republican-led states, continues as the federal Supreme Court invalidated the ‘Roe v. Wade’ precedent that recognized abortion as a constitutional right two years ago.

Criticism came from both progressive and conservative camps immediately after the ruling. Democratic Attorney General Kris Mayes of Arizona harshly criticized, “Today’s decision will be recorded as a blemish on our state.” Former Republican Governor Doug Ducey, who signed a bill criminalizing abortion after 15 weeks of pregnancy two years ago, also said, “The ruling that came out today is not what I wanted.”

With this ruling, the issue of abortion has been raised as a critical issue in this election. Arizona, where the decision was made today, is one of the battlegrounds where the support rates of Democrats and Republicans are neck and neck. The New York Times mentioned the cold public sentiment on this ruling, saying, “It will be another test for the Republicans who have been trying to limit abortion for decades.”

According to a survey during the midterm elections two years ago, six out of ten voters in Arizona supported legal abortion nationwide. CNN predicted, “Arizona voters will soon have a say on this issue.”