Arizona just revived an 1864 law that criminalizes abortion. Here’s what’s happening in other states

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This week’s events in Arizona underscored something that was already apparent about the 2024 US elections: Abortion will loom large as an issue in state and federal elections – including the presidential race – and directly in the form of referendums in some states. .

An Arizona Supreme Court ruling allowing enforcement of the abortion ban at all stages of pregnancy was part of a flurry of recent activity on the issue that has been evolving since the U.S. Supreme Court overturned Roe v. Wade. abortion in 2022.

Right now, 14 states are imposing abortion bans at all stages of pregnancy, and two already have them in place after about six weeks of pregnancy, before many women realize they are pregnant. Both numbers will increase within weeks due to recent court rulings, barring any surprise legislative or judicial action.

Most democratic states have adopted executive orders, laws – or both – designed to protect access to abortion. Maine lawmakers on Friday were the latest to give final approval to “shield” legislation that would protect abortion and gender-affirming care providers from investigations by authorities in states with prohibitions. If Gov. Janet Mills, a Democrat, signs it into law, it would join at least 14 other states that have similar abortion protections.

Here are things you should know about the latest developments.

The Arizona Supreme Court resolved a confusing question about the state’s abortion policy this week, ruling that enforcement can soon begin on an 1864 ban on abortion at all stages of pregnancy, with exceptions only to ensure the life of the woman. mother.

The decision overturns an appeal court decision that concluded that the current abortion law of 2022 allowed abortion during the first 15 weeks of pregnancy.

Now there is a question as to whether the stricter ban comes into effect this month or in June. Whenever this happens, women are expected to rush to neighboring states in search of abortion care.

The consequences of the decision were swift.

The swing state’s governor, a Democrat, called on the Republican-controlled legislature to repeal the near-total ban. But GOP lawmakers blocked discussion on the issue.

The Arizona Supreme Court has spoken, and GOP legislative leaders have so far been reluctant to revisit the state’s abortion policy.

But voters will be able to have their say directly in November.

Arizona is one of several states this year with a movement to ask voters to approve a constitutional amendment to protect the right to abortion. Organizers say they have already exceeded the required 383,923 signatures, although they are not due until July 3. Even having enough valid signatures may not guarantee that you will appear on the ballot; There are often legal challenges to electoral issues.

The ballot questions have already been approved for three states: Maryland and New York, where there is already broad access; and Florida, a state in a similar situation to Arizona. In a ruling earlier this month, the Florida Supreme Court cleared the way for that country to ban abortions after the first six weeks of pregnancy, with limited exceptions. A court ruling allowing the ballot question was handed down on the same day that the ruling allowing enforcement of the abortion ban began on May 1.

Ballot measures to protect or expand access to abortion could emerge this year in Arkansas, Montana, Nebraska, Nevada and South Dakota. In Colorado and Missouri, there are competing proposed measures to protect and restrict access.

This week, Maine lawmakers all but guaranteed that an amendment to enshrine the right to abortion in the state constitution would not reach voters there this year.

Since 2022, seven states have carried out abortion directly at the polls. In each case, voters supported abortion rights advocates, even in conservative Kansas and Kentucky.

President Joe Biden and other Democrats have made abortion access a key part of their campaigns this year.

The situation is only becoming more intense with the ban taking effect in Arizona, where Biden defeated former President Donald Trump by just 10,000 votes out of nearly 3.4 million cast when they faced off in 2020.

On the day of the Arizona decision, Biden launched an ad campaign in Arizona blaming Trump, the Republican Party’s presumptive presidential nominee, for paving the way for the decision by nominating justices to the U.S. Supreme Court who overturned Roe v. Wade. abortion and triggering state-by-state struggles. Vice President Kamala Harris also traveled to Arizona on Friday to address the issue.

In turn, Trump took credit for the Supreme Court appointments.

On Monday, Trump refused to endorse a federal ban, saying instead that abortion should be up to the states.

After Tuesday’s ruling, Trump said Arizona’s decision will take the ban too far. “This will be resolved,” he said Wednesday, “and I’m sure the governor and everyone else will bring the matter back to reason and it will be resolved.”

Lawyers representing the Iowa state government went before the state’s supreme court on Thursday asking that the abortion ban as soon as heart activity can be detected – about six weeks – go into effect.

The law went into effect last year, but a lower court judge suspended it after just a few days, leaving abortion legal for now during the first 20 weeks of pregnancy.

It is one of several states where protracted court cases could change the status quo of the law.

The issue is primarily in state courts because it revolves around state constitutional issues.

But the US Supreme Court is scheduled to hear arguments on April 24 about the limits of state bans on abortion during pregnancy. The Biden administration says hospitals that receive Medicare funds are required to provide emergency care, potentially including abortion.

It will be the second argument this year before the high court on an abortion-related issue. The court is also expected to rule by the end of June whether government approvals of mifepristone, one of two drugs normally used in combination in medical abortions, were adequate. Most abortions in the US are now achieved through pills rather than surgery.



This story originally appeared on ABCNews.go.com read the full story

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