Arizona's Abortion Ban: What Now? Abortion's Role in the 2024 Election

In early April, the Arizona Supreme Court ruled that Arizona’s pre-statehood law, which outlaws nearly all abortions from the moment of conception, is “now enforceable.” Except when completely necessary to save the life of the mother, the 1864 law holds no exceptions, even rape or incest, and also bans medication abortions. Doctors prosecuted under this law will face fines and up to five years in prison for providing, supplying, or administering this procedure to pregnant women. If nothing is done to intervene it is expected to go into effect by June 8.

How it happened? The Fallout?

Until now, abortion in Arizona was legal through 15 weeks of pregnancy, already less than the previous 24-week standard as a consequence of the overturn of Roe v. Wade in 2022. The legacy of Roe v. Wade’s overturn removes the federal right to abortion, leaving it for the states to decide on an individual basis. The issue of abortion has since been brought into the open, sparking discussions and legal battles around the country. Arizona’s democrat attorney general, Kris Mayes, announced that she won’t prosecute doctors for abortion involvement, potentially striking future legal battles amongst Republican prosecutors. The ruling, however, could prompt clinics to stop providing abortions altogether and might force women to travel out of state for their abortion care. California’s Democrat Governor, Gavin Newsom, proposed introducing legislation that would aid Arizonans with getting abortions in California. Newsom claims that the emergency legislation will make the process more streamlined and accessible to Arizonans by expediting the licenses of Arizona Abortion providers to let them treat their patients in California. It is predicted that California is targeting swing states, like the nearby Arizona and Nevada, to gain more influence in the upcoming November election with such legislation. In this election, democrats are pushing hard for reproductive rights, a strategy that will garner support from a wider audience. Nevertheless, Republicans are beginning to see the value in supporting this issue as well, given its popularity across political parties. Kari Lake, a Republican politician who ran for governor in 2022 is “emblematic of a republican shift on abortion” by changing her stance on abortion after the overturning of Roe v. Wade, prompting some backlash from her political party. Republican representatives Juan Ciscoman and David Schweikert also criticized the ruling. Gov. Newsom cites republicans such as Ms. Lake, who suggested that “Arizonans seeking abortions should travel across state lines into California,” as a partial inspiration for the emergency legislation.

The Future?

But can the ban be overturned? After the GOP-controlled Arizona legislature last week failed to advance a repeal of the law, a handful of Republican members of the State Senate sided with Democrats on the issue and caused it to gain clearance to advance. State legislators could still repeal the ban, which is already testing the limits of republican support. Voters could also overturn it in November. A proposed ballot measure would ensure abortion access until “fetal viability” (about 24 weeks), the standard set by Roe. This measure has exceeded the 400,000 signature threshold already, demonstrating that positive change may be on the horizon for women’s reproductive rights.

Sources

Alfaro, Mariana. “Newsom Proposes Law to Help Arizonans Get Abortions in California.” Washington Post, 22 Apr. 2024, www.washingtonpost.com/politics/2024/04/21/gavin-newsom-abortion-arizona/.

Betts, Anna. “What We Know about the Arizona Abortion Ban.” The New York Times, 17 Apr. 2024, www.nytimes.com/article/arizona-abortion-ban.html.

Leonhardt, David. “The Morning.” The New York Times, 10 Apr. 2024, messagingcustom-newsletters.nytimes.com/dynamic/render? campaign_id=9&emc=edit_nn_20240410&instance_id=119789&isViewInBrowser=tr ue&nl=themorning&paid_regi=2&productCode=NN®i_id=209655485&segment_id=163077&te =1&uri=nyt%3A%2F%2Fnewsletter%2F6f943033-07a7-564f-9c47- d7ee97beb3e2&user_id=c6162eafaeb9ca6ee3af57a3a82c2b2d.

Reston, Maeve. “Arizona Judge Rules State Can Enforce Near-Total Abortion Ban | CNN Politics.” CNN, 23 Sept. 2022, www.cnn.com/2022/09/23/politics/arizonaabortion-ban-ruling/index.html.