On Tuesday, the Arizona Supreme Court ruled that the state can enforce a law from 1864 that forbids abortion except to save the mother’s life.
The 4-2 decision supersedes a previous ruling that limited abortion in the state to 15 weeks, according to The Washington Post. The ruling cannot be enforced for 14 days. In that time, abortion giant Planned Parenthood could challenge the decision at a lower court (via WaPo):
Under the 1864 territorial law, which went into effect 48 years before Arizona became a state, anyone who administers an abortion could face a mandatory prison sentence of two to five years. That ban could compel Arizona’s licensed abortion clinics to ramp down dramatically or shutter — though it’s unclear how the decision will be enforced.
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Eight of Arizona’s nine abortion clinics temporarily closed two years ago when the U.S. Supreme Court struck down Roe, ending national protections for abortion rights.
On X, Democrat Gov. Katie Hobbs claimed that she “won’t stop fighting until we have secured the right to abortion” in the state.
“That is my promise to you,” she added.
It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion.
That is my promise to you.
In a follow-up video, Hobbs said that the Court’s decision was “callous” and that the law protecting unborn life was “archaic.”
“We are taking immediate action to uphold your reproductive freedoms,” she added.
“I’ve personally experienced the anguish of losing a pregnancy and I know it’s outrageous to have the government tell you that the best decision for your health or future could now be considered a crime,” she continued.
A message from Governor Katie Hobbs. pic.twitter.com/td2WbLBcIa
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
In a statement, SBA Pro-Life America President Marjorie Dannenfelser praised the Court’s ruling.
“We celebrate this enormous victory for unborn children and their mothers. Reinstating Arizona’s pro-life law will protect more than 11,000 babies annually at all stages of pregnancy while providing an exception for the life of the mother. This includes babies who have heartbeats, babies who can feel pain, and babies who can smile and suck their thumbs. Today’s state Supreme Court decision is a major advancement in the fight for life in Arizona,” Dannenfelser said.
“Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women,” she concluded.
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