Arizona Set to Become the 15th State to Ban Abortion After State Supreme Court Reinstates 1864 Law
Abortion has been banned or severely restricted in half the U.S. states since the U.S. Supreme Court overruled Roe v. Wade in 2022.
On April 9, the Arizona Supreme Court set the stage to reinstate a near-total abortion ban that dates back to 1864—before Arizona was a state and before women had the right to vote.
Once in effect, the ban will criminalize providers with a minimum sentence of two years in state prison and prohibit all abortions except when they are deemed “necessary” to save a pregnant person’s life.
With the ruling, Arizona is set to become the 15th state to ban abortion since the U.S. Supreme Court overturned Roe v. Wade and eliminated the constitutional right to abortion in 2022.
The Center for Reproductive Rights filed a separate case against Arizona in 2022 challenging the state’s conflicting abortion bans, including the 1864 ban. As part of that case, the state agreed not to enforce the ban until 45 days after the Arizona Supreme Court issues a court order (called a “mandate”) that resolves the case brought by Planned Parenthood, which is the case ruled on by the Court April 9.
After Roe Fell: Abortion Laws by State
In half the U.S. states, abortion is now banned or severely restricted. Explore the Center’s “After Roe Fell: Abortion Laws by State” map—updated in real time—and learn about each state’s abortion laws in detail.
“Today’s catastrophic decision out of Arizona is quite literally sending the rights of pregnant people back to the 1800s,” said Beth Brinkman, the Center’s senior litigation director, in a statement. “This draconian ban will make it dangerous for people to be pregnant in Arizona and will put more pressure on providers in surrounding states, like New Mexico, that continue to experience a profound increase in out-of-state patients.”
Grassroots organizers in Arizona have already secured enough petition signatures for a ballot measure to enshrine a right to abortion in the state constitution. Barring any legal challenges, Arizona voters will have the chance to protect their abortion rights this November.
The Arizona ruling comes just a week after the Florida Supreme Court cleared the way for the state’s 15-week and six-week bans to take effect. Florida voters will also have the chance to weigh in on abortion rights when a constitutional amendment appears on the ballot in November.
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Cases: Medical Exceptions to State Abortion Bans
The Center has brought numerous cases on behalf of dozens of women across the country whose health, fertility and lives were put in jeopardy when they were denied abortion care, as well as physicians who are prevented from providing their patients with care.
