Arizona court reinstates 1864 abortion ban
The law makes all abortions illegal in the state except to save the mother's life
What happened
Arizona's Supreme Court on Tuesday reinstated a near-total ban on abortions first enacted in 1864. The law, enforceable again after the U.S. Supreme Court struck down Roe v. Wade, makes all abortions illegal in the state except to save the mother's life.
Who said what
President Joe Biden called the 4-2 decision by the all-Republican-appointed state Supreme Court "cruel" and "extreme." Reinstating 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," Arizona Attorney General Kris Mayes said in a statement. "As long as I am Attorney General, no woman or doctor will be prosecuted under this law," Mayes added.
The commentary
Mayes' decision to not enforce the 160-year-old law could be "challenged by one of the state's county attorneys," The Arizona Republic said. Anti-abortion conservatives are cheering but "Republican lawmakers and candidates" scrambled to distance themselves from the ruling, Axios said. Former President Donald Trump tried to "neutralize or at least muddy" the "galvanizing" abortion issue on Monday, Dan Balz said in The Washington Post. "The Arizona Supreme Court showed just how difficult" that will be.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
The ban will likely remain unenforced for at least 60 days. The advocacy group Arizonans for Abortion Access said it has enough signatures for a November ballot measure enshrining abortion rights in the state constitution.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Political cartoons for November 29Cartoons Saturday's political cartoons include Kash Patel's travel perks, believing in Congress, and more
-
Nigel Farage: was he a teenage racist?Talking Point Farage’s denials have been ‘slippery’, but should claims from Reform leader’s schooldays be on the news agenda?
-
Pushing for peace: is Trump appeasing Moscow?In Depth European leaders succeeded in bringing themselves in from the cold and softening Moscow’s terms, but Kyiv still faces an unenviable choice
-
Judge halts Trump’s DC Guard deploymentSpeed Read The Trump administration has ‘infringed upon the District’s right to govern itself,’ the judge ruled
-
Trump accuses Democrats of sedition meriting ‘death’Speed Read The president called for Democratic lawmakers to be arrested for urging the military to refuse illegal orders
-
Court strikes down Texas GOP gerrymanderSpeed Read The Texas congressional map ordered by Trump is likely an illegal racial gerrymander, the court ruled
-
Trump defends Saudi prince, shrugs off Khashoggi murderSpeed Read The president rebuked an ABC News reporter for asking Mohammed bin Salman about the death of a Washington Post journalist at the Saudi Consulate in 2018
-
Congress passes bill to force release of Epstein filesSpeed Read The Justice Department will release all files from its Jeffrey Epstein sex-trafficking investigation
-
Trump says he will sell F-35 jets to Saudi ArabiaSpeed Read The president plans to make several deals with Saudi Crown Prince Mohammed bin Salman this week
-
Judge blasts ‘profound’ errors in Comey caseSpeed Read ‘Government misconduct’ may necessitate dismissing the charges against the former FBI director altogether
-
Ecuador rejects push to allow US military basesSpeed Read Voters rejected a repeal of a constitutional ban on US and other foreign military bases in the country
