Arizona Supreme Court ruling upholds law that protects babies from abortion in almost all cases

The Arizona Supreme Court ruled Tuesday to uphold an existing state penal code provision, which was obsolete under Roe v. Wade but could now protect unborn life almost entirely.

“Life is a human right, and today’s decision allows the state to respect that right and fully protect life again – just as the Legislature intended,” said Jake Warner, a senior attorney for Alliance Defending Freedom, who argued before the court in favor of maintaining the existing law.

“Arizona’s pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, have repeatedly affirmed that law, including as recently as 2022. We celebrate the Arizona Supreme Court’s decision that allows the state’s pro-life law to again protect the lives of countless, innocent unborn children.” 

The 1864 law, which is currently held up by a multi-week stay, protects the lives of unborn children from abortion in all cases except when their mother’s life is determined to be in danger and criminalizes abortionists who violate the law. The law has been pending enforcement since the overturn of Roe v. Wade amid legal battles.  

Gov. Katie Hobbs urged the state Legislature to repeal the law before it can go into effect, saying, “I’m hopeful that they will because this will have devastating consequences for Arizona.” 

As of Wednesday, Republicans in the state Legislature have held the line on preventing their Democratic counterparts from repealing the pro-life law. In the Republican-controlled state House, only two GOP members expressed support for reverting to a more permissive abortion standard. 

Pro-life stakeholders have expressed bittersweet perspectives on the court decision and its outcome, balancing enthusiasm for their present victory with trepidation about what an upcoming pro-abortion ballot amendment could mean for the state. 

“The compassion of the pro-life movement won in court today, but we must continue to fight,” stated Marjorie Dannenfelser, president of advocacy group SBA Pro-Life America. 

“Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women.” 

The Arizona Right to Abortion Initiative would amend the state constitution to establish a “fundamental right to abortion” in the state until at least the point when the unborn child reaches viability.