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Arizona Reinstates 1864 Law, Implements Statewide Abortion Ban

The Arizona Supreme Court has reinstated a law banning nearly all abortions, a decision of significant national importance amidst the ongoing election campaign.

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Photography by Telemundo.

On Tuesday, April 9, 2024, the Arizona Supreme Court made a ruling that the state must follow a law dating back 123 years, effectively banning abortions except when necessary to save the life of the pregnant person.

The decision has sparked widespread protests due to its strictness, as it prohibits abortions even in cases of pregnancy complications, rape, or incest. Additionally, the law imposes imprisonment for those who perform the procedures.

Organizations and activists aim to bring the issue of abortion to the ballot box

Reproductive rights activists, including various organizations and human rights groups, have strongly criticized the ruling and vowed to continue the fight for reproductive freedom.

‘Arizona for Abortion Access’ has announced that it has collected enough signatures for a ballot measure in November 2024. This measure seeks to enshrine the right to abortion in the state constitution. It’s part of a broader nationwide effort to address the issue in the 2024 elections across multiple states, with the hope of empowering voters to decide rather than leaving it solely to state courts.

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Photography by Reuters

What were the reactions of the local authorities?

Arizona Governor, Democrat Katie Hobbs, criticized the decision, highlighting that residents in the state already faced unacceptable restrictions regarding this issue prior to the ruling.

Contrarily, Arizona Attorney General Kris Mayes announced in a release that her office would not enforce the law, stating, “I want to be perfectly clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”

Even President Joe Biden weighed in on the ruling, condemning the ban as ‘cruel’. In a statement issued by the White House, he asserted, ‘This decision is the result of the extreme agenda of elected Republican officials who are committed to stripping away women’s freedoms’.

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Katie Hobbs. Photography by The New York Times.

The Reality of the U.S. Since the Reversal of Roe v. Wade in 2022

On June 24, 2022, the Supreme Court issued its ruling in the case of Dobbs v. Jackson Women’s Health Organization (JWHO). The ruling upheld Mississippi’s ban on abortion after fifteen weeks of pregnancy, overturned the Roe v. Wade decision, and effectively ended the constitutional right to abortion in the United States.

This ruling opened the door for states to ban abortion, and currently, nearly two dozen have prohibited or restricted access to the procedure. Recently, Arizona has joined them.

Arizona’s clinics providing abortion services are questioning their future after this ban, as the law also criminalizes providers of such procedures. For now, many of them will continue to offer services until the law takes effect.

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Map of the United States Showing States that Have Partially or Completely Banned the Right to Abortion. By Guttmacher Institute

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