Arizona鈥檚 High Court Must Protect Abortion Access
Today, the Arizona Supreme Court will consider whether to resurrect a more than 150-year-old criminal ban on virtually all abortions. The court鈥檚 decision could allow that law to take precedence over Arizona鈥檚 modern abortion laws, including those passed just last year by the people鈥檚 current elected representatives.
This ban was originally struck down in 1973, thanks to a lawsuit brought by Planned Parenthood and physicians in Arizona, and since that time has been superseded by a comprehensive scheme that regulates abortion as a lawful medical procedure. But an anti-abortion activist and County Attorney are now asking the Arizona Supreme Court to turn back the clock. No one should be forced to carry a pregnancy to term against their will and face the life-altering consequences of being denied essential health care, but reviving this antiquated law in full would do just that 鈥 and, at the same time, throw Arizona鈥檚 entire contemporary legal code into confusion.
The origins of Arizona鈥檚 near-total criminal ban at issue in this case go back to 1864. To put that into context: This ban was enacted during the Civil War era, when women were not allowed to vote, and Arizona was not even a state. Yet even though Arizona鈥檚 current abortion laws permit abortion through 15 weeks of pregnancy, the 1864 ban permits abortion only when necessary to save the patient鈥檚 life. In all other situations, performing an abortion would lead to felony charges and prison time.
Abortion Criminal Defense Initiative
The Abortion Criminal Defense Initiative is one way the 老澳门开奖结果 is confronting the criminalization of abortion care.
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Given that eight in 10 Americans 鈥 who are around today 鈥 support the legal right to abortion, allowing this zombie abortion ban to be enforced against abortion providers would be profoundly undemocratic. This law 鈥 which no current elected official or Arizonan ever voted for 鈥 would condemn all those in Arizona who can become pregnant to a second-class status, denying them control over their bodies and their futures. It should come as no surprise, then, that leading medical groups are like these, as they threaten patients鈥 health and disproportionately harm marginalized patient populations.
These are not theoretical concerns. It is all too easy to predict what the full impact of imposing the 1864 ban would be, because we have seen the devastating impact of such extreme abortion bans throughout the country, since the U.S. Supreme Court overruled Roe v. Wade last year in Dobbs v. Jackson Women鈥檚 Health.
Following Dobbs, it is estimated that of pregnant people seeking an abortion have been unable to get one. The enduring harms to women and children鈥檚 caused by being denied an abortion are well-documented. Abortion bans have resulted in tragic stories of pregnant patients being denied care, children as young as 10 years old pregnant as a result of rape in their state 鈥 and in some cases at all, as well as countless other egregious scenarios.
Of course, even before Dobbs, pregnant people faced substantial obstacles accessing abortion care. But the attempting to seek care 鈥 including greater travel time, increased expenses, and the threat of prosecution for those who try to help pregnant people get care out of state 鈥 have made accessing abortions impossible for some.
Alabama Health Care Providers File Lawsuit to Prevent the Prosecution of Those Helping Patients Seek Out-of-State Abortion Care
Health care providers filed a lawsuit to prevent the prosecution of those who assist Alabamians seeking to access abortion care across state lines.
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Thankfully, in a well-reasoned decision issued in December 2022, the Arizona Court of Appeals refused to impose the near-total ban on abortion across the state. (The 老澳门开奖结果 and partners at the 老澳门开奖结果 of Arizona, the Center for Reproductive Rights, and Perkins Coie LLP have also filed our own suit seeking to ensure that the 1864 ban does not supplant Arizona鈥檚 current abortion laws.) The Arizona Supreme Court must do the same.
Although this case is principally about applying longstanding legal precedent, the stakes are high 鈥 and the chaos and harms that would result from the Civil War-era ban criminalizing nearly all abortion care are no less fundamental, undeniable, and terrifying. The Arizona Supreme Court must keep a lid on the Pandora鈥檚 box that the ban would unleash on pregnant people in Arizona, their families, and their communities.