Arizona Supreme Court Allows Ban on Nearly All Abortions With Enforcement of 1864 Law

Arizona Supreme Court Orders Ban on Nearly All Abortions With Enforcement of 1864 Law — The Arizona Supreme Court ruled in favor of the enforcement of an 1864 law that would ban nearly all abortions across the state. (Photo: Carmen Mandato/Getty Images)

The Arizona Supreme Court ruled in favor of the enforcement of an 1864 law that would ban nearly all abortions in the state, with the only exception being when a mother's life is in danger.

The order will make Arizona the latest state to ban abortions at all stages of pregnancy, joining 14 others across the U.S.

However, the court said that law enforcement will not start for some time, at least two weeks or up to two months.

Under the near-total abortion ban, the number of procedures in the state of Arizona is expected to drop from roughly 1,100 every month to nearly zero.

A survey for the Society of Family Planning estimated this. The forecast was based on what has happened in other states in the country that enforced bans on abortion at all stages of pregnancy.

Arizona Sen. Eva Burch immediately criticized Republican lawmakers who supported the ban following the state Supreme Court's decision.

The senator, who has had an abortion since announcing on the Senate floor last month that she was seeking the procedure because her pregnancy was not viable, said that the fight for reproductive rights in Arizona continues, according to the Associated Press.

Burch's remarks referenced a statewide petition campaign that seeks to put the issue on the ballot this fall. She added that this moment when the Arizona Supreme Court ruled in favor of enforcing the 1864 law must not "slow us down."

The AP VoteCast found that six out of 10 Arizona voters in the 2022 midterm elections said that they were in favor of guaranteeing access to legal abortion across the nation.

Officials from Planned Parenthood also committed to continuing giving abortions during the short time that the procedure is still considered legal.

They also said that they will work on reinforcing networks that will help women travel out of state to other areas, such as New Mexico and California, to get their abortions there.

The president of Planned Parenthood's Arizona chapter, Angela Florez, said that despite the state Supreme Court's ruling, the organization will continue to provide roughly 15 abortions per week.

The Civil War-era abortion law can be traced back to a time before Arizona became a state and was codified in 1901. The law carries a prison sentence of two to five years for abortion providers, as per CNN.

The enforcement of the law would bring Arizona in line with some of the strictest states in the country when it comes to abortion, including Alabama, Mississippi, and Texas. In these regions, bans exist with almost no exceptions, such as rape.

Arizona Attorney General Kris Mayes said the state Supreme Court's ruling was a "seismic decision." She added that the situation has now changed everything as the decision supercharges the ballot initiative and the elections of all pro-choice candidates.

State Gov. Katie Hobbs also clarified the stakes by using the latest developments to mobilize voters in November. According to AZCentral, voters who want change should take their frustrations to the ballot box.