When the Arizona Supreme Court resurrected a sweeping 19th-century abortion ban on Tuesday, the four justices in the majority did not endorse the policy embodied in that 1864 statute. The issue before the court in Planned Parenthood v. Mayes was whether subsequent legislation—in particular, a 2022 law prohibiting abortion after 15 weeks of gestation—had overridden the 160-year-old ban.
That is not the impression left by critics of the decision. "This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women's freedom," President Joe Biden declared. "This reckless decision from the Arizona Supreme Court will put people in life-threatening situations and force many to flee the state for the care that they need," said Athena Salman, director of Arizona campaigns at Reproductive Freedom for All (formerly NARAL Pro-Choice America). Arizona Attorney General Kris Mayes, a Democrat, called the decision "unconscionable and an affront to freedom."
