The Arizona Abortion Ruling... What to Know
1864: Arizona law prohibits abortions except to save the life of the mother.
1864-Jan. 1973: The same 1864 law is enforceable in Arizona.
Jan. 1973: The 1864 law becomes unenforceable because of the U.S. Supreme Court ruling on Roe v Wade.
March 2022: The AZ legislature passes and Governor Ducey signs legislation to prohibit abortions after 15 weeks. The legislation specifically says it does not repeal the 1864 law.
June 2022: The U.S. Supreme Court overturns Roe v Wade leaving decisions about abortion law up to the states.
2022: Abortion provider Planned Parenthood sues. Courts will determine which law is enforceable in Arizona…the 1864 law or the 2022 law.
April 2024: The Arizona Supreme Court rules that the 1864 law is enforceable. The ruling determined which law was enforceable, not if the law is constitutional. The court has placed a stay on the law for at least two weeks and probably 60 days total to give time for abortion supporters to pursue constitutional challenges to the law.
What’s Next:
Abortion supporters will most likely sue and the law may be tied up in the courts for a long time.
The Arizona legislature may also decide to repeal the 1864 law. If legislators are pro-life, like me, and believe that life begins at conception, this would be difficult to vote for since it would allow more abortions.
The AZ legislature could also do something else, like refer an abortion measure to the ballot for voters to decide.
Voters will be voting on a ballot measure supported by pro-abortion advocates in November.
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