Article Summary –
The conservative Arizona Supreme Court ruled that a 1864 law banning abortions is now enforceable following the U.S. Supreme Court’s 2022 decision to reverse the constitutional right to abortion. The 1864 law, similar to a 1849 Wisconsin law, criminalizes anyone who provides abortion care and is punishable by 2-3 years in prison. The decision, which came a day after former President Donald Trump claimed responsibility for ending Roe v. Wade, has raised concerns among Wisconsin Democrats about the potential for a similar ruling in their state.
Arizona Supreme Court Ruling Upholds 1864 Abortion Ban
The conservative Supreme Court of Arizona ruled on April 9 that an 1864 law banning abortion is now enforceable. This resurrects a 1849 Wisconsin law seen as banning abortion.
All seven members of the Supreme Court, appointed by Republican governors, decided the 1849 Arizona ban is enforceable due to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization that overturned the constitutional right to abortion.
According to the court, without the federal constitutional abortion right, § 13-3603 is now enforceable. The 1849 law criminalizes anyone who offers abortion care or supplies abortion medication, punishable by 2-3 years in prison.
The Arizona law mirrors the Wisconsin law of 1849, stating anyone, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony, punishable by up to $10,000 fine and up to six years in prison.
As of now, the Wisconsin law can’t be enforced as a Dane County judge ruled in December that the law pertains to infanticide, not abortion. The ruling was appealed to the Wisconsin Supreme Court.
The Arizona Supreme Court’s decision reviving the 160-year-old abortion ban materialized soon after former President Donald Trump claimed credit for ending Roe and expressed his belief that each state should control its abortion laws. He communicated his views in a video statement posted on Truth Social, reported by The Hill.
Wisconsin Democrats warn that if Republicans win full control of the Legislature or the majority on the state Supreme Court changes, the right to abortion in Wisconsin could suffer the same fate as in Arizona. Dr. Kristin Lyerly, an obstetrician and Wisconsin’s 8th Congressional District Democratic candidate, shared that it’s up to the courts to determine the state’s fate.
Democratic Party of Wisconsin Chairman Ben Wikler spoken to the Milwaukee Journal Sentinel about the precarious access to abortion and reproductive health care.
President Joe Biden reiterated his commitment to restoring nationwide abortion rights and blamed Republicans for the reinstatement of the Arizona ban. He expressed his thoughts in a statement.
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