Last week, the Arizona Supreme Court in the US reinstated a law from 1864 that bans nearly all abortions. The law, which was enacted before Arizona even became a state (in 1912), prevents women from terminating pregnancies from the moment of conception.
This includes cases of rape or incest – the only exception is that abortions are permitted to save the life of the mother. Under the law, anyone who performs an abortion under any other circumstances – or aids and assists with one – can be punished by two to five years in prison.
The change comes after the US Supreme Court overturned Roe v Wade in 2022, which reversed the decision (from 1973) that a woman's right to an abortion was protected by the US constitution. Since it was overturned, Arizona has been debating whether or not its 1864 law could be implemented once again.
Arizona Supreme Court Justices (all of whom were nominated by Republican governors) ruled that because Roe v Wade has been overturned, the 1864 law was 'now enforceable'. The law is currently on hold and being debated further.
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US Vice President Kamala Harris explicitly blamed Donald Trump for the ban, calling him the 'architect of this healthcare crisis' during a speech in Arizona on Friday April 12. 'Here in Arizona they have turned back the clock to the 1800s to take away a woman’s most fundamental right – the right to make decisions about her own body,' she said.
'Former president Donald Trump did this. During his campaign in 2016, Donald Trump said women should be punished for seeking an abortion,' she continued, arguing that the ruling was made possible by Trump's involvement in overturning Roe v Wade.
Trump hit headlines for stating that the Arizona ruling 'went too far' but maintaining that abortion rights should be determined by individual US states, rather than supporting a national ban beyond 15 weeks of pregnancy (as some right-wing supporters hoped he would). In a video statement on his social media platform, Truth Social, Trump called abortion 'the will of the people' and said 'you must follow your heart [...] but you must also win elections'. He also claimed he was 'proudly the person responsible' for ending Roe v Wade.
As for the women living in Arizona at the moment? Unsurprisingly, shock and fear have taken hold. 'I am honestly still trying to comprehend that this is the reality that we are living in, it feels like I am living in a dystopian world. It makes me not want to live in the United States,' 29-year-old Tessa tells ELLE UK.
'Make no mistake, this is due to Trump appointing conservative judges to Federal courts, including the Supreme Court, which ultimately led to Roe v Wade being overturned and the fate of all women left up to radical right-wing Republicans who have no business making legislation on our bodies.'
'It’s very scary. I’m shocked that our state did this as we recently turned blue (majority voters are Democrats) in the last election,' agrees Chelsea, aged 35. 'A lot of women I’ve spoken with in just the last few days are not only concerned with their own healthcare freedoms but also that there are young woman who either don’t have the resources or the education to understand the repercussions of a pregnancy.
'It feels like we’ve gone back to ancient times where we have no right not just to our bodies but our life decisions and how they will impact our future.'
At the moment, activists are working on ballot measures to preserve access to abortion in the next US presidential election in November. Discussing support and activity on the ground, both women pointed to a petition from Healthcare Rising Arizona, an organisation that describes itself as 'dedicated to improving our standard of health and living'.
'I will be going with a handful of men and women to sign the petition to put abortion rights on the ballot in the hopes of putting the issue back into voters' hands,' says Tessa, who also references Planned Parenthood, the non-profit organisation that operates in the US and globally. 'As of yet Planned Parenthood is still committed to protecting sexual reproductive healthcare services and remains open,' she says.
The Democrats are hopeful that the issue of abortion will mobilise voters and lead current president Joe Biden to secure another term in office, defeating Trump. Only time will tell.
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