PHOENIX — In a historic decision Tuesday, the Arizona Supreme Court ruled the state must adhere to a 123-year-old penal code provision barring all abortions except in cases when “it is necessary to save” a pregnant person’s life.
The law, which can be traced to as early as 1864, also carried a prison sentence of two to five years for abortion providers. There is a 14-day stay on the law.
The case is the latest high-profile example of the battle over abortion access that has played out across several states since Roe v. Wade was overturned by the US Supreme Court in 2022. Since that decision, nearly two dozen states have banned or limited access to the procedure. Providers have warned that restrictive policies on abortion access place patients at risk of poor health outcomes and doctors at risk of legal liability.
The court filed its opinion in Planned Parenthood of Arizona vs. Mayes/Hazelrigg Tuesday morning.
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The court was expected to decide whether the state’s current ban on nearly all abortions after 15 weeks will stay in place, or if it will revert back to a far narrower 123-year-old penal code.
The older law barred the procedure in all cases regardless of gestation, except when “it is necessary to save” a pregnant person’s life. It carried a prison sentence of two to five years for abortion providers.
RELATED: A year in Arizona following the fall of Roe v. Wade
Governor Hobbs reacts to the decision in the video player below:
Justices heard opening arguments in the case last December, when abortion rights opponents claimed the state should revert to the 1901 ban, and advocates asked the court to affirm the 2022 law allowing abortions up to 15 weeks, CNN previously reported.
When he signed the law in March 2022, then-Gov. Doug Ducey stated the 2022 law would not override the older law.
In late 2022, the Arizona Court of Appeals ruled both abortion laws in the state must be reconciled, or “harmonized,” and that abortion is legal through 15 weeks when provided by licensed physicians in compliance with the state’s other laws and regulations, CNN previously reported.
The state Supreme Court was asked for clarity following months of uncertainty and legal wrangling over which law should apply in the state.
Last week, Arizona for Abortion Access, a group of abortion rights organizations, announced it had gathered enough signatures for a November 2024 ballot measure that would ask voters to enshrine abortion rights in the state’s constitution.
The push is part of a massive effort to get abortion on the 2024 ballot in several states, a move abortion rights advocates are hopeful will restore some power to voters rather than state courts.
See ABC15's previous coverage of that announcement here:
Dueling abortion rallies are expected on Wednesday in the Valley.
If you want to make your voice heard on this issue, you can contact State Representatives and State Senators with any questions or concerns.