Arizona Supreme Court Upholds 1864 Abortion Ban

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Facts

  • The Arizona Supreme Court on Tuesday ruled the state can enforce an 1864 law that bans all abortions with no exceptions for rape or incest and allows abortion only to save the life of the mother.1
  • The 4-2 decision declared the law, which predates Arizona's statehood, as 'now enforceable.' But the court put the ruling on hold for 14 days so a lower court could hear additional arguments about the law's constitutionality.2
  • Currently, Arizona law permits abortion through 15 weeks of pregnancy. But the 2022 US Supreme Court (SCOTUS) ruling that overturned Roe v. Wade and its federal protections for abortion access inspired opponents of abortion to bring the 1864 law to the fore.2
  • White House press secretary Karine Jean-Pierre in a Tuesday interview called the ruling 'shameful' and 'dangerous,' and said this is an example of the 'Republicans plan on abortion' nationwide.3
  • Former Pres. Donald Trump, the presumptive Republican presidential nominee for the 2024 election, told reporters he thought the court went too far with its ruling. He also said he thinks Arizona legislators will 'bring it back into reason.'4
  • Several other Republicans who in the past had celebrated the overturning of Roe voiced opposition to this ruling, including US Senate candidate Kari Lake, who said she 'wholeheartedly' agrees with Trump's view.5

Sources: 1Associated Press, 2New York Times, 3Breitbart, 4NBC (a) and 5NBC (b).

Narratives

  • Republican narrative, as provided by Daily Wire. Whether it's Arizona's all-out ban or other states' restrictions on abortion, this is how federalism works — SCOTUS sent the power to regulate abortion to the states and they're doing just that. Democrats, who want to allow abortion with no restrictions, are going to protest any regulation. If the people disagree with the laws, they'll vote for new representation.
  • Democratic narrative, as provided by Axios.com. While unfortunate for the women of Arizona — who seemingly are having their rights rolled back by a century — this ruling is a gift to Democrats in the same week Trump declared abortion to be a states' rights issue. Now the American people can see the cruel laws that could be enacted under GOP control, and they can vote accordingly this November.

Predictions