For many, June 24th, 2022 was a day they feared for decades. They feared it for themselves, for their daughters, sisters, nieces. It was the day that the Supreme Court overturned the landmark decision Roe v. Wade in the decision in the case Dobbs v. Jackson’s Women’s Health Organization. What does this mean? Roe was a case decided in 1973 (about 50 years ago) that ruled that the constitution protects women’s right to choose if they will have an abortion or not, effectively banning states for passing and enforcing legislation that prohibited abortion. Roe was the law of the land until now, when this recent case resulted in it being overturned.
In a 6-3 ruling, the conservative-dominated court stated in their opinion that the constitution does not mention abortion at all and its protection does not fall under the power of the 14th amendment, meaning its legality should be given back to the states. Now, instead of being legal on a federal level through court rulings, the states have full power over the legality of abortion in Arizona.
Residents of the Grand Canyon State are wondering if abortion is now legal in their state. Unfortunately, the answer is that we do not really know yet. There is legal ambiguity surrounding abortion laws on the books in Arizona at the moment. There are two “competing” laws relating to abortion in Arizona: one that is from 1901 that completely bans abortion and one that was signed in March banning abortion after 15 weeks. The Arizona Senate Republicans say that the pre-Roe total ban is in effect, but when Governor Ducey signed the recent bill, he said it would take precedence over the total ban. Right now, we are waiting for a legal order either enacting the pre-Roe total ban or stating that the 15 week ban is the one that is in order. At the moment, all licensed abortion clinics in Arizona have stopped providing medical treatments.
Either way, protests have erupted across the nation and even in Phoenix at our own state capitol. People are arguing for the Arizona legislature to pass legislation to legalize abortion. This is a very divisive topic, and is sure to see a great deal of discourse over the next few years, especially in Arizona.
This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.
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