Arizona revives near-total abortion ban
PHOENIX — Arizona will soon join 14 other states that have banned abortion at all stages of pregnancy, a change triggered by a state Supreme Court ruling Tuesday that found officials may enforce an 1864 law criminalizing all abortions except when a woman’s life is at stake.
The court said enforcement won’t begin for at least two weeks. However, it could be up to two months, based on an agreement reached in a related case in Arizona, according to state Attorney General Kris Mayes and Planned Parenthood, the plaintiffs in the current case.
The number of abortions in the state is expected to drop from about 1,100 monthly — as estimated by a survey for the Society of Family Planning — to nearly zero. The forecast is based on what has happened in other states that ban abortion at all stages of pregnancy.
Arizona Sen. Eva Burch, who has had an abortion since announcing on the Senate floor last month that she was seeking one because her pregnancy wasn’t viable, criticized GOP lawmakers who back the ban.
“The fight for reproductive rights is not over in Arizona,” she said, referring to a statewide petition campaign to put the issue on the ballot this fall. “This moment must not slow us down.”
According to AP VoteCast, six of 10 Arizona voters in the 2022 midterm elections said they would favor guaranteeing access to legal abortion nationwide.
Planned Parenthood officials vowed to continue providing abortions for the short time they are still legal and said they will reinforce networks that help women travel out of state to places like New Mexico and California to access abortion.
“Even with today’s ruling, Planned Parenthood Arizona will continue to provide abortion through 15 weeks for a very short period of time,” said Angela Florez, president of the organization’s Arizona chapter.
Brittany Crawford, a 34-yearold mother of three who owns a hair salon in Phoenix, said the high court’s ruling could have farreaching consequences.
“You are going to have a lot of
desperate girls doing whatever they can to get rid of their babies,” said Ms. Crawford. “Some could end up dead.”
She herself had an abortion at 18, right out of high school, and said she suffered extreme emotional trauma.
“I still think I should have the right to decide whether I do have a child, or whether I don’t have a child,” she said. Nevertheless, the Center for Arizona Policy, a longtime backer of anti- abortion proposals before the Legislature, said the state’s highest court reached the appropriate conclusion. “Today’s outcome acknowledges the sanctity of all human life and spares women the physical and emotional harms of abortion,” the group said in a statement.
Nearly every state ban on abortions has been challenged with a lawsuit. Courts have blocked enforcing some restrictions, including prohibitions throughout pregnancy in Utah and Wyoming.
The Arizona ruling suggests doctors can be prosecuted for performing the procedure and the 1864 law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion.
“In light of this Opinion, physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the Arizona Supreme Court said in its decision, adding that additional criminal and regulatory sanctions may apply to abortions performed after 15 weeks.
Jill Gibson, chief medical officer at Planned Parenthood Arizona, said that means legal considerations are now likely to weigh heavily on any decision about abortion.
“It just creates this environment that makes it really impossible for a physician to understand her risk in taking care of her patients,” Ms. Gibson said.
Since the U.S. Supreme Court overturned Roe v. Wade in 2022, most Republicancontrolled states have started enforcing new bans or restrictions and most Democrat-dominated ones have sought to protect abortion access. Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift a restriction on enforcing the state’s 1864 law. Mr. Brnovich’s Democratic successor, Ms. Mayes, had urged the state’s high court to hold the line against it.
“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” Ms. Mayes said Tuesday.