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(OSV News) — The Arizona Supreme Court ruled April 9 that a 160-year-old near-total abortion ban still on the books in the state is enforceable, a move that could shutter abortion clinics in the state. But, Arizona may have the issue of abortion on its ballot in November, which could undo those restrictions.
The state’s highest court said that following the recent reversal of the 1973 Roe v. Wade decision, there was no federal or state law preventing Arizona from enforcing a 19th-century abortion ban — with an exception for the life of a mother — that had become dormant following Roe.
The ruling, in effect, overturns a lower court’s ruling that found a 15-week ban from 2022 superseded the 1864 law.
But the state Supreme Court found the 15-week ban “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the previous ban, “but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organizationdecision that overturned Roe and its related abortion precedent.
Continued below.
www.oursundayvisitor.com
The state’s highest court said that following the recent reversal of the 1973 Roe v. Wade decision, there was no federal or state law preventing Arizona from enforcing a 19th-century abortion ban — with an exception for the life of a mother — that had become dormant following Roe.
Court ruling and potential implications
In a 4-2 decision, the state Supreme Court said the 1864 law, which predated Arizona’s statehood, is “enforceable”; however, the court also paused the ruling in order to send the case back to a lower court to hear additional arguments.The ruling, in effect, overturns a lower court’s ruling that found a 15-week ban from 2022 superseded the 1864 law.
But the state Supreme Court found the 15-week ban “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the previous ban, “but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organizationdecision that overturned Roe and its related abortion precedent.
Reactions and statements
Continued below.
Arizona high court upholds 1864 abortion ban
The Arizona Supreme Court ruled April 9 that a 160-year-old near-total abortion ban still on the books in the state is enforceable, a move that could shutter abortion clinics in the state. But, Arizona may have the issue of abortion on its ballot in November, which could undo those restrictions.
www.oursundayvisitor.com
