On Tuesday, Arizona became a new hot spot in the battle over abortion. The state’s Supreme Court voted 4-2 to lift a stay placed by a lower court on a law that prohibits abortions except to save the mother’s life.
Discussion of the ruling has mostly focused on its political implications, especially for the 2024 elections. The vote ignited Democrats in the state and nationally while further exposing rifts within the GOP on the issue.
Less discussed has been the new ground the majority trod in legal interpretation — ground with significant implications for other states.
The disputed law dates back to 1864, when Arizona still was a territory, though Arizona’s territorial and then state legislatures re-affirmed it in 1901 and 1913. The law then was prohibited from enforcement by the U.S. Supreme Court’s decision in Roe v. Wade.
However,
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