By Matthew Holloway |
The narrowly passed repeal of Arizona’s complete ban on abortion became effective on Sep. 14th in a moment that is being widely celebrated by pro-abortion Democrats. Although Democrat Gov. Katie Hobbs signed the bill, H.B. 2677, into law in May, the bill only became effective on Saturday.
Under the current legal framework enacted in 2022, the state of Arizona has an effective ban on abortion after 15 weeks. While the Arizona Court of Appeals had previously ruled that the 2022 15-week measure and the total ban enacted by the territorial legislature in 1864 could be “harmonized,” the Arizona Supreme Court rejected this notion.
The Court wrote in its majority opinion, “Our conclusion that the legislature did not intend to create a privilege secured by law to obtain or perform an abortion obviates the need to harmonize §§ 13-3603 and 36-2322. Harmonization between these laws may be accomplished only by repealing § 13-3603 in contravention of the legislature’s express intent and engaging in untenable statutory interpretation such as excising physicians from the plain meaning of ‘person’ in § 13-3603, defined as ‘a human being’ in A.R.S § 13-105(30). And indeed, despite purporting to harmonize the statutes, the dissent’s treatment of § 13-3603 all but nullifies it. We decline to do so.”
The court ruled that following Dobbs v. Jackson Women’s Health Organization, the ruling that reversed Roe v. Wade, “Arizona has never independently created a statutory right to abortion. We will not ‘amend a statute judicially [nor] read implausible meaning into express statutory language’ given the absence of an abortion right in Arizona jurisprudence. Kyle v. Daniels, 198 Ariz. 304, 306 ¶ 7 (2000). Therefore, because the federal constitutional right to abortion that overrode § 13-3603 no longer exists, the statute is now enforceable, prospectively prohibiting abortion unless necessary to save a woman’s life.”
As reported by the Associated Press, Hobbs in no way intends to stop at repealing the 1864 ban and intends to install the a “right” to abortion in the state. She said in a statement cited by the AP, “I will continue doing everything in my power to protect reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor’s office.”
In a May post to X, she outright stated, “Any bill attacking the right to safe and legal abortion access will be vetoed without hesitation.”
Indeed the initiative Proposition 139 created by “Arizona for Abortion Access” will appear on the ballot in November to repeal the 2022 15-week abortion ban and create an amendment for a “fundamental right” for abortion up to “fetal viability” allowing a baby’s life to be ended potentially up until birth.
As previously reported by AZ Free News, a legal battle unfolded between the legislature and the initiative organizers over the use of the phrase “unborn human being” in the description of the initiative. The State Supreme Court found in a 5-2 decision that the legislature’s choice to use the phrase “unborn human being” rather than “fetus” met legal standards.
The state legislative council explains in its analysis of the ballot proposal to make abortion a constitutional right:
“Current state law prohibits a physician from performing an abortion if the probable gestational age of the unborn human being is more than 15 weeks, except when a pregnant woman’s medical condition necessitates an immediate abortion to avert the pregnant woman’s death or for which a delay creates a serious risk of substantial and irreversible impairment of a major bodily function.”
Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
