Arizona Abortion Ban: This Unbelievable 1864 Law Could Derail Arizona’s 2024 Races
The recent Arizona Supreme Court ruling allowing a near-total abortion ban has sent shockwaves through the state’s political landscape. By reviving a draconian 1864 law, the court has thrust reproductive rights into the spotlight, threatening to upend the high-stakes 2024 elections in this crucial battleground state.
The ruling, which permits abortions only to save the life of the mother, supersedes Arizona’s previous 15-week limit and criminalizes providers with prison time. This drastic shift has united Democrats and some Republicans in condemning the decision, setting the stage for a fiery battle over abortion rights that could sway the state’s presidential, senatorial, and legislative races next year.
Arizona Abortion Ban: A Seismic Political Shift
- A New York Times/Siena College poll in October found that 59% of Arizona registered voters believe abortion should be mostly or always legal.
- A March Fox News poll revealed that 39% of Arizona voters considered abortion an “extremely important” issue in deciding their presidential vote, with another 32% calling it “very important.”
“This is earth-shattering. This is going to create an overwhelming wave of voters who otherwise might not have been enthusiastic about this election, or otherwise might not have voted at all, to go in and vote literally for their lives and for their rights.” – Tony Cani, Democratic strategist
Prominent Republicans who previously championed abortion restrictions are now distancing themselves from the ruling, sensing its potential to alienate moderate voters. Kari Lake, the Trump-backed candidate for U.S. Senate, called the decision “out of step with Arizonans” despite previously expressing support for the 1864 law.
The 1864 Law’s Dark Origins
Prior to the mid-19th century, abortion was widely accepted in the U.S. until the point of “quickening” – when a woman could feel fetal movement, typically well into the second trimester. However, the rise of the American Medical Association (AMA) and its affluent white male leaders sparked a campaign to criminalize the practice.
Driven by a mix of moral policing, eugenics, and professional self-interest, the AMA’s “Physicians’ Crusade Against Abortion” successfully lobbied states to enact sweeping bans. Arizona’s law was part of this nationwide wave, enacted shortly after it became a territory in 1864.
“People like [the crusade’s leader] were very worried that the wrong Americans were reproducing, and that the nice white Anglo-Saxon ones were having abortions and not having enough children.” – Mary Fissell, Professor of History of Medicine at Johns Hopkins University
Arizona Abortion Ban: A Potential Turning Point for 2024
As a battleground state that could decide control of the U.S. Senate and play a pivotal role in the presidential election, the Arizona ruling has national implications. Both parties recognize the stakes, with Democrats vowing to make abortion rights a central issue and Republicans struggling to find their footing.
- The Democratic Congressional Campaign Committee highlighted 18 battleground House districts in states with abortion initiatives on the 2024 ballot, including Arizona.
- Biden’s reelection campaign blamed Trump for “overturning Roe v. Wade” and enabling the Arizona decision, signaling their intention to make him a focal point.
- Vice President Kamala Harris will visit Tucson this week to discuss reproductive freedoms, giving the administration another platform to condemn restrictive policies.
Meanwhile, two state Supreme Court justices who supported the ban face retention elections in November, adding another layer of complexity to the bitter fight over abortion access.
The Bizarre “Prayer Over the State Seal” Incident
Amidst this divisive debate, Arizona State Senator Anthony Kern sparked outrage by leading a prayer circle over the state seal on the Senate floor, with participants speaking in tongues.
The video, filmed anonymously and shared widely on social media, showed Kern and others kneeling over the seal, praying, “Let it be so, Father God. Lord, right now, we ask thee to release the presence of the Lord in the Senate chamber.”
Jeanne Casteen, Executive Director of Secular Arizona, condemned the display as a violation of church-state separation, while others decried it as an affront to genuine Christian values.
Kern, who faces an investigation for falsely claiming to be a pro-Trump elector in 2020, remained defiant, calling his critics “god-haters” and insisting “prayer over our state at the State Senate is way more powerful.”
The Path Forward
With advocacy groups securing enough signatures for a ballot measure to enshrine abortion rights in the state constitution, Arizonans themselves may ultimately decide the course their state takes.
However, the path will be arduous, with legal challenges expected and the Arizona Supreme Court potentially revisiting the issue before voters have their say in November 2024.
Amidst this turbulent backdrop, one thing is clear: the reverberations of this ruling will be felt for years to come, shaping Arizona’s political destiny and serving as a microcosm of America’s broader reckoning with reproductive freedom.
Frequently Asked Questions (FAQs)
Q. What did the Arizona Supreme Court ruling entail?
A. The court revived a long-dormant 1864 law that bans virtually all abortions except to save the life of the mother, overriding the state’s previous 15-week limit and threatening providers with prison time.
Q. How could this ruling impact the 2024 elections in Arizona?
A. As a critical battleground state that could decide the presidential race, Senate control, and state legislature majorities, the ruling has galvanized both parties and could drive substantial voter turnout based on the abortion issue.
Q. Why was the 1864 law originally enacted?
A. The law was part of a nationwide wave of abortion bans driven by the American Medical Association’s “Physicians’ Crusade Against Abortion,” which aimed to eliminate competition from female midwives and was fueled by misogyny, racism, and eugenics ideology.
Q. What controversial incident occurred at the Arizona State Capitol?
A. State Senator Anthony Kern, who faces an investigation over his role in the 2020 election, led a prayer circle on the Senate floor, with participants kneeling over the state seal and speaking in tongues, sparking accusations of violating church-state separation.
Q. How are Arizonans seeking to address the abortion ban?
A. Advocacy groups have secured enough signatures to establish a ballot measure that could enshrine abortion rights in the state constitution, allowing voters to have their say in November 2024.
Q. What have been the reactions from Arizona politicians?
A. While Democrats have unanimously condemned the ruling, some prominent Republicans, including Kari Lake (Senate candidate), have distanced themselves from it, sensing its unpopularity with moderate voters.
Q. What legal challenges lie ahead for the 1864 law?
A. The ruling is expected to face numerous legal challenges, and the Arizona Supreme Court may revisit the issue before voters can weigh in on the ballot measure in 2024.
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Conclusion
The Arizona Supreme Court’s shocking decision to revive a near-total abortion ban dating back to 1864 has sent tremors through the state’s political landscape. This draconian ruling, born out of a toxic stew of misogyny, racism, and professional self-interest, stands in stark contrast to the will of the majority of Arizonans who support reproductive rights.
As a critical battleground state, Arizona now finds itself at the epicenter of a seismic political battle that could sway the outcome of the 2024 presidential election, determine control of the U.S. Senate, and reshape the state’s legislative landscape. With advocacy groups securing a pathway to enshrine abortion rights through a ballot measure, Arizonans themselves may ultimately decide the fate of this divisive issue. However, the
road ahead is fraught with legal challenges and partisan rancor. Amidst this tumultuous climate, one thing is certain: the reverberations of this ruling will be felt for years to come, shaping Arizona’s political destiny and serving as a microcosm of America’s broader reckoning with reproductive freedom.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of USA Wini Media. Assumptions made in the analysis are not reflective of the position of any entity other than the author.
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