Arizona Supreme Court to Decide Fate of State’s Abortion Laws: Old 15-Week Ban or 123-Year-Old Prohibition?
The Arizona Supreme Court is scheduled to release its long-awaited decision on Tuesday, March 21, regarding the state’s current abortion laws. The crux of the issue revolves around whether the existing ban on most abortions after fifteen weeks will remain in effect or give way to a far older, restrictive law dating back to the Civil War era.
Background: The Struggle between Old and New Abortion Laws in Arizona
The older law, enacted in 1901, barred abortions in all cases irrespective of gestation, except when the procedure was necessary to save a pregnant person’s life. This archaic statute carried a penalty of imprisonment for providers ranging from two to five years.
The Court’s Anticipated Ruling: Planned Parenthood vs. Mayes/Hazelrigg
In a recent court notice, the Supreme Court announced it would issue its opinion in Planned Parenthood of Arizona vs. Mayes/Hazelrigg around 10 a.m. Pacific Time on March 21. The justices heard oral arguments in the case back in December 2022, where opponents of abortion rights advocated for reinstating the 1901 ban. In contrast, supporters of abortion rights requested that the court affirm the 2022 law allowing abortions up to fifteen weeks under licensed physicians’ supervision and compliance with other state regulations.
Prior Legal Developments: The Court of Appeals Ruling
In late 2022, the Arizona Court of Appeals ruled that both the existing and older abortion laws must be reconciled or harmonized. The court determined that abortions were legal through fifteen weeks when performed by licensed physicians, in accordance with the state’s other laws and regulations. The Supreme Court was subsequently asked to clarify the situation following months of legal uncertainty and disputes over which law should be applied in Arizona.
The Future: Voter-Initiated Constitutional Amendment for Abortion Rights
Last week, a coalition of abortion rights organizations, including Arizona For Abortion Access, announced they had collected enough signatures to place a ballot measure on the November 2024 ballot. This proposed measure aims to secure abortion rights in Arizona’s constitution, providing a potential long-term solution should the Supreme Court ruling not be favorable.
Stay informed as we await the Arizona Supreme Court’s decision on the fate of Arizona’s abortion laws. This significant ruling could set a precedent for other states grappling with similar issues.
