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Writer's picturemcs4597xlens Michelle Crawford-Sapenter

Arizona Reps Engage In Disruptive Disagreement Over 1864 Abortion Law


STATE & NATIONAL: On Wednesday, Republican lawmakers made an effort to block a plan that would reinstate the decisions made in the state of Arizona to ban abortion. The state recently reinstated the 1864 law that would impose criminal offenses upon women and physicians who performed abortions. However, there was some disputes lodged by doctors and abortion clinicians who indicated that their work would continue until they are forced to abandon all efforts at performing abortions. By Anne M Erbynstein



In Arizona , the Supreme Court recently upheld a 160-year-old law that effectively bans almost all abortions in the state. This law was enacted before Arizona even became a state in 1912.  The law provides no exceptions for rape or incest. It subjects anyone who “provides, supplies, or administers” an abortion at any stage of pregnancy to two to five years in prison, unless it is to save the life of the mother.

The court’s decision means that this near-total abortion ban can now be enforced in Arizona1. However, the ban can only be enforced “prospectively,” according to the ruling.  


Democratic Attorney General Kris Mayes has vowed not to prosecute any doctors or women under this 1864 ban1. Nevertheless, the decision has raised significant concerns about abortion access in the US southwest.

The decision by the Arizona Supreme Court has made Arizona one of the biggest battlefields in the 2024 electoral fight over abortion rights.

Today, abortion rights supporters in Arizona have been gathering signatures for a ballot measure to enshrine abortion rights into the state constitution. If successful, this measure would declare that people in Arizona have a “fundamental right to abortion” and that the state will not try to curb that right before a pregnancy reaches fetal viability (generally around 24 weeks of pregnancy).

Although ballot measures need to amass a certain number of signatures by July to get on the ballot, organizers behind the Arizona measure have already gathered more than 500,000 signatures.  On Wednesday, the Arizona Legislature devolved into shouts of “Shame! Shame!” as Republican lawmakers quickly shut down discussion on a proposed repeal of the 1864 abortion ban.

House Democrats and at least one Republican attempted to open discussion on repealing the ban, but GOP leaders cut it off twice and quickly adjourned for the week. The eyes of the world are on Arizona, and the decision to uphold this law has sparked intense debate and activism.

Abortion providers in Arizona have vowed to continue their services until they are forced to stop, possibly within eeks.  Also, there is the possibility that emergency legislation is being considered to avoid interruptions or clinic closures.


Democratic Governor Katie Hobbs called the inaction on the proposed repeal “unconscionable” and promised to do everything in her power to protect reproductive freedoms in the state.  Arizona’s 1864 abortion law has become a focal point of controversy and activism, with significant implications for abortion rights and access in the state.


The battle over this law continues, and voters may have the opportunity to weigh in on the issue in November through the proposed ballot measure

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