KEY POINTS
- Arizona’s highest court ruled the 1864 abortion ban unconstitutional and unenforceable.
- The decision protects abortion access under the state’s 2022 voter-approved reproductive rights amendment.
- The ruling comes amid ongoing national legal and political fights over reproductive rights in the U.S.
Arizona’s Supreme Court on Friday struck down the state’s 1864 abortion ban as unconstitutional and unworkable.
The law previously made nearly all abortions illegal, with limited exceptions.
The court ruled that the ban conflicts with Arizona’s 2022 voter-approved reproductive rights amendment.
Voters overwhelmingly supported a state constitutional amendment guaranteeing abortion access.
Justices wrote that the 1864 statute “cannot be reconciled” with the modern constitutional protections.
They said enforcing the old ban would violate rights affirmed by the 2022 amendment.
Abortion providers and supporters praised the ruling as a significant legal shift.
They argued the decision removes a longstanding threat to reproductive health services.
Opponents of abortion rights had sought to maintain the 1864 ban, contending it predated modern regulation.
Some legal advocates for the ban signalled they may explore further challenges.
The 1864 law originated in Arizona’s territorial era and was never repealed.
Its revival in recent years had alarmed abortion rights advocates after Roe v. Wade’s overturn.
The court’s unanimous decision affirms that the older statute is overridden.
Justices emphasised voters’ authority in adopting the 2022 amendment.
Medical providers had paused some abortion services amid legal uncertainty.
The ruling should allow more stable provision of care without fear of prosecution.
Advocates noted the decision reinforces democratic choices on reproductive policy.
They warned, however, that legal challenges may continue in lower courts.
Opponents of abortion rights criticised the outcome as judicial activism.
They argued that the legislature, not courts, should resolve such conflicts.
Arizona now joins other states where courts have upheld reproductive rights protections.
The decision could influence legal strategies in states with similar old statutes.
The ruling comes amid wider national debates over abortion access after the end of federal protections.
Advocates nationwide are tracking related cases in multiple states.
State leaders on both sides responded to the ruling.
Some Republican lawmakers criticised the decision, while Democratic officials welcomed it.
Healthcare groups said the ruling will help clarify providers’ legal obligations.
They called for continued efforts to ensure safe, accessible care.
