Welcome to 1864

When the Supreme Court decided Dobbs, it opened up Pandora’s Box, undoing fifty years of protection for abortion rights under Roe v. Wade. In the wake of that decision, states pulled lots of horribles out of the box and used them to prevent women from making their own choices about reproductive health care. In some cases, those decisions involved their ability to conceive and carry to term in the future and even their lives. Arizona now seems intent on joining them.

This is Dobbs in action, which leaves it up to each state to decide whether women have abortion rights and, if so, to what extent. Your gerrymandered state legislature is now in charge of your healthcare and the lives of people you love.

Arizona’s Supreme Court ruled today that its 1864 total abortion ban, a law written more than 50 years before women were granted the right to vote, is good law again. The law originated during the Civil War and before Arizona became a state. It’s what we’ve referred to as a zombie law—a pre-Roe measure that was invalidated when SCOTUS guaranteed the right to an abortion in 1973, but was left in place by conservatives hoping for the day Roe would be undone. Today, a 4-2 majority of Arizona’s conservative Supreme Court confirmed that it can be resurrected.

In a couple of weeks, virtually all abortions will be a felony event in Arizona. Doctors and providers, including people who help others obtain abortions, can be prosecuted and sentenced to two to five years in prison if convicted. There are no exceptions for pregnancies resulting from rape or incest. As we’ve seen in other states, the mere threat of consequences like this is enough to shut down abortion procedures across the state. Welcome back to 1864.

Arizona women can still travel to nearby California, New Mexico, or Colorado, where abortion is accessible, at least for now. But the distances can be long, travel prohibitively expensive for some women, and impractical for those with jobs or with children and/or parents to care for.

Before today’s decision, Arizona had a 15-week abortion ban in place. It was already a restrictive environment. Patients had to make two trips to the doctor, one for in-person counseling and a second one at least 24 hours later for the abortion. Invasive ultrasounds were required even if they weren’t medically necessary. State Medicaid coverage for care was essentially banned, and Mifepristone had to be obtained in person, not through the mail.

Arizona is leaning into the national trend. The Guttmacher Institute tracks abortion laws across the country. As of this week, only two states, Vermont and Oregon, provide what they characterize as the “most protection” for abortion. Fifteen states are in the “most restrictive” category, which includes measures like the complete ban with very limited exceptions in Idaho, North Dakota, South Dakota, Oklahoma, Texas, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Mississippi, Alabama, West Virginia, and South Carolina. We can add Arizona to that list after today’s decision. Guttmacher categorizes six additional states as “very restrictive,” (this is where Arizona used to be) and another seven states as “restrictive". The map is stark and getting worse.

Emergency room doctor Dara Kass, an outspoken healthcare advocate during the pandemic and, until recently, a Regional Director at the US Department of Health and Human Services, pointed out how much worse off things would be in Arizona if there was a Republican Attorney General in office committed to enforcing the Zombie law. Arizona’s Democratic Attorney General, Kris Mayes, called the decision “a stain on the state,” and said that as long as she was in office, no woman or doctor would be prosecuted. But even that commitment won’t be enough to protect access to reproductive healthcare in Arizona, because services will become unavailable due to uncertainty. Doctors and clinics, unsure about whether a new prosecutor might show up, one who will decide to charge them, will end abortion services now. The statute of limitations in Arizona for felony crimes is as long as seven years. Even pregnant people and their families may fear the risk of future prosecution. Mayes is up for reelection in 2026; she won by under 300 votes in 2022. Uncertainty is a tool conservatives use in the fight to limit access to abortion.

My immediate reaction when the news broke this morning was sad, but also telling. Democrats win when abortion is on the ballot, but at what cost?

Monday, Trump, in his promised statement on abortion, endorsed the Dobbs standard, which leaves abortion rights up to each state. Some people were encouraged that he didn’t endorse a national ban. But the Arizona Supreme Court decision today demonstrates what Trump’s view means in action. Trump’s campaign confirmed that he supported Arizona’s ruling today, "President Trump could not have been more clear. These are decisions for people of each state to make."

Florida Republican Senator Rick Scott was asked about his view on the Arizona law today on Fox. He said, “That’s what’s going to happen as a result of the overturning of Roe. I’m pro-life. This is exactly what ought to be happening.”

Your vote matters.

We’re in this together,

Joyce

P.S. My proofreader is on a much-deserved vacation this week, and I’m on my own. It’s tough to write, edit, and still get the newsletter out to you in a timely fashion, so I appreciate your understanding. Don’t worry. She’ll be back Sunday night. I miss her already!