'Massive implications for November': AZ Supreme Court upholds 19th century anti-abortion law

09 April 2024

Early Tuesday afternoon, the Arizona Supreme Court upheld a draconian anti-abortion law that goes all the way back to 1864. Disobeying the law, according to the justices, is punishable by imprisonment.

MSNBC was quick to weigh in on the decision. Legal analyst Lisa Rubin noted that Arizona's highest judicial body had just upheld a law that was passed back when Arizona was still a territory and had yet to achieve statehood.

In a scathing official statement, Arizona Attorney General Kris Mayes said, "Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. 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. 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.”

X, formerly Twitter, has been full of reactions.

Politico's Miranda Ollstein tweeted, "BREAKING: Arizona Supreme Court rules to uphold the state's 1864 near total abortion ban, which will wipe out nearly all access in the state (currently up to 15 weeks). Voters will likely have the chance to override this ban in November via ballot initiative."

Ollstein also pointed out that the Arizona decision could affect national politics in 2024, posting, "Arizona could determine control of the House, Senate and White House this fall. More on how abortion is shaping those races." And Ollstein noted that Democratic Arizona Attorney General Kris Mayes "told me she'll refuse to use any of her office's resources to prosecute doctors under this law. But local prosecutors still could do so."

Axios' Jeremy Duda noted how severe the 1864 law is, posting, "The Arizona Supreme Court has ruled that the state's pre-Roe ban on nearly all abortions is enforceable. The 1864 law only permits abortions to save the life of the mother."

Attorney Blake Allen commented, "Wow. The Arizona Supreme Court has ruled that nearly all abortions in the state are illegal. There's no chance that won’t have massive implications for November and the upcoming abortion ballot question. I wonder if the state legislature has time to act (some Rs may want to)."

Legal journalist Luke Johnson argued that the Arizona Supreme Court ruling will doom MAGA Republican Kari Lake in Arizona's 2024 U.S. Senate race. The anti-abortion, stridently pro-Donald Trump Lake is likely to be running against Democratic Rep. Ruben Gallego for the Senate seat presently held by independent Sen. Kyrsten Sinema, who isn't seeking reelection.

Johnson tweeted, "And there goes Arizona for the GOP again in the 2024 Election. More losing. The majority of Americans overwhelmingly support a woman's right to choose. Kari Lake had better practice her housekeeping skills."

Similarly, MSNBC legal analyst and former federal prosecutor Joyce White Vance predicted that Democrats will be the ones who benefit from the ruling.

Vance posted, "Terrible news for Arizona women. Probably good news for Democratic candidates in the state including a vulnerable Senate seat."

The U.S. Supreme Court's 1973 ruling in Roe v. Wade made the 1864 law unenforceable, but in 2022, the Court overturned Roe with its ruling in Dobbs v. Jackson Women's Health Organization.

MSNBC's Kyle Griffin tweeted, "Kyle Griffin @kylegriffin1 Arizona's 1864 ban could jail abortion providers for two to five years and makes no exceptions for rape or incest. This is the direct result of Donald Trump's Supreme Court appointees overturning Roe v. Wade — which Trump just took credit for again."

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