Arizona Supreme Court Upholds 1864 Abortion Ban: Impact and Controversy
The recent decision by the Arizona Supreme Court to uphold an 1864 abortion ban has reignited the debate over reproductive rights in the state. This move has drawn sharp criticism from Democratic leaders, further polarizing the political landscape. The ruling's implications on abortion rights, state autonomy, and the ongoing clash between Democrats and Republicans, particularly involving former President Trump, underscore the complex dynamics at play in Arizona's legal and political spheres.
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CQ Press Lecture Spark APRIL 17, 2024 Connecting current events to your American Government classroom
Arizona Supreme Court Upholds 1864 Abortion Ban The Arizona Supreme Court reignited the political debate over reproductive rights when it upheld an 1864 law banning virtually all abortions. Drafted before statehood, the 1864 law criminalizes all abortions except to save the life of the mother. Democratic Governor Katie Hobbs denounced the court s ruling, and Attorney General Kris Mayes said she is looking at options to keep the law from taking effect. In 2022, Arizona passed legislation limiting abortion to fifteen weeks after Dobbs v. Jackson Women s Health but is now overturned. Pro-choice activists are pushing a constitutional amendment that would codify abortion rights in November. https://www.youtube.com/watch?v=xA1SsfgZuP8 How have abortion initiatives and referenda fared in other states since Dobbs? 2
Arizona Supreme Court Upholds 1864 Abortion Ban Abortion will once again be a salient campaign issue nearly two years after the reversal of Roe V. Wade. The intervening time has seen a patchwork of abortion laws with bans in some states, limits in others, and full protections in the rest. Former President Trump made news when he spoke out against a nationwide abortion ban and said the decision should be left to the states. This has put the former president at odds with the base of the Republican Party, but his position seems to be one that is more aligned with independent voters. President Biden and his reelection campaign slammed the Arizona ruling and blamed Trump for his role in the overturning of Roe. Vice President Harris said in a statement that there s one person responsible: Donald Trump." What did Kari Lake say about the abortion ruling? 3
Background and Key Concepts The Arizona territory passed a law criminalizing abortion in 1864. Arizona becomes the 48th state in 1912. The U.S. Supreme Court establishes a constitutional right to an abortion with the Roe v. Wade decision in 1973. Arizona Governor Doug Ducey signs SB 1164 which institutes a 15-week ban on abortion in 2022 but is not immediately enforceable because court precedent protects abortion through 24-weeks. The U.S. Supreme Court overturns Roe v. Wade with the Dobbs v. Jackson Women s Health Organization decision in June 2022. Governor Ducey says SB 1164 should go into effect while Attorney General Mark Brnovich files a motion arguing that the 1864 law should take precedence. A series of contradicting decisions create uncertainty about the legality of abortion. Katie Hobbs and Kris Mayes are elected governor and attorney general, respectively in November 2022. The Arizona Supreme Court rules that the 1864 abortion ban should go into effect. Pro-choice advocates are working to add a constitutional amendment to protect abortion. 4
Assessment Writing: Explain why are Democrats taking such an aggressive approach against Republicans and former President Trump in Arizona. What else is at stake in Arizona beyond abortion rights? Debate: Should prosecutors ever announce they will not enforce certain laws, or should they enforce all laws faithfully? Poll: Do agree with former President Trump who says the Arizona abortion law goes too far? Short Answer: Where have some abortion providers started referring patients due to the uncertainty in Arizona? 5
