Dated laws from the 1800s and updated regulations from 2022 are currently the source of a divisive legal debate in Arizona about abortion access. Two opposing, valid laws — one from 1864 that imposes a near-total abortion ban and another enacted recently that allows for abortions up to 15 weeks — are creating a battlefield for abortion rights advocates and opponents. Both sides are fervently arguing their respective law should be the overriding legislation.
During the balancing of arguments in the Arizona State Supreme Court this week, an impassioned plea for the recognition of abortion as healthcare was presented. The case argued the potential profound impact the court's decision would have on pregnant Arizonans' ability to access critical healthcare. The counter-argument emphasized the state's growing interests in safeguarding unborn children, particularly as they approach viability.
Notably, the ancient 1864 law was rendered unenforceable in the wake of the momentous Roe v. Wade ruling. However, with Roe v. Wade's reversal, the limiting injunction disappeared, leading to the current legal controversy.
Parallel discussions occur in New Mexico, but the struggle here springs largely from the attempted hindrance to an already secured right to abortion by local municipalities. While New Mexico has notoriously lenient laws regarding abortion, the local regulatory authorities endeavored to curtail this right via a complex labyrinth of business license regulations.
These imposed regulations would cripple an abortion provider's ability to perform the procedure. Whether or not municipalities hold the constitutional power to enforce business licenses contradicting New Mexico's right to abortion is now under judicial evaluation.
Wyoming's Supreme Court stands on the precipice of deciding the fate of an abortion ban within the state. With Roe v. Wade overturned, the responsibility of abortion legislation falls heavily on the shoulders of various states, and ultimately, a select few state Supreme Court Justices. These diverse rulings will significantly influence the landscape of reproductive rights as the nation heads into pivotal elections next year.
