Arizona Supreme Court reinstates 1864 abortion ban

PROTEST. Advocates for abortion rights protest in nearby Reno, Nevada in 2021. The response to the reinstated Arizona ban from pro-choice politicians has been strong, and there have been multiple attempts in the last few days to repeal the ban, primarily led by the minority democratic party of the Arizona House. However, these attempts have been unsuccessful. (Public Domain Image)
PROTEST. Advocates for abortion rights protest in nearby Reno, Nevada in 2021. The response to the reinstated Arizona ban from pro-choice politicians has been strong, and there have been multiple attempts in the last few days to repeal the ban, primarily led by the minority democratic party of the Arizona House. However, these attempts have been unsuccessful. (Public Domain Image)

Two years after Roe v. Wade was overturned, the Arizona Supreme Court voted on Apr 9 to reinstate a near-total abortion ban that was created in 1864. The revived ban will make it highly difficult to access medication abortion (the abortion pill) and any other type of abortion in Arizona. The ruling provides no exceptions for incest or rape. In Vitro Fertilization (IVF) has also been put into the spotlight after over 12 states have proposed personhood bills granting legal rights to fetuses and/or embryos in connection to stories of mishandled IVF, resulting in lawsuits.

The FDA is allowing prescriptions by medical professionals other than doctors and permits direct mailing to patients without an in-person medical consultation. The conservative members of a lower level court, the Fifth Circuit Court of Appeals, claim that the FDA did not properly defend its reasoning behind losing relegation around abortion, including extending usage up to 10 weeks into pregnancy. The Arizona Supreme Court agrees and is overruling medical abortions provided by the FDA.

People seeking abortion in states where it’s not legal often use abortion pills mailed to them through states where it is legal. If the court decides to go through with the restrictions on abortion access, it will also limit access to abortion pills in states where abortion is legal.

Senior Bridget Keel believes people should be allowed to have opinions but not force them upon others. “If someone is pro-life, they should be pro-life for themselves and not for everyone else,” Keel said.

In discussions surrounding reproductive rights, both IVF and abortion rights are connected through the broader context of reproductive autonomy and choice. IVF rights pertain to individuals’ ability to access fertility treatments and technologies to conceive children. On the other hand, abortion rights involve the freedom to make decisions regarding terminating pregnancies. Abortion activists are nervous that this could pave the way for more difficult abortion access as well.

If someone is pro-life, they should be pro-life for themselves and not for everyone else.

— Bridget Keel

Advocates for reproductive rights argue that individuals should have the liberty to choose whether to pursue IVF treatments or terminate pregnancies without undue interference from the government or other entities.

Senior Melina Kannankutty agrees with this sentiment: “It’s a restriction on human rights […] women are human too,” Kannankutty said.

President Biden plans to defend the right to access the abortion pill alongside the manufacturer of mifepristone, the abortion medication.

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