Reversal of Roe v. Wade and Its Effects on Arizona Abortion Law

The Supreme Court recently overturned Roe v. Wade, which has left people across the country wondering what that means for abortion procedures in their state. We’ve gathered the most important information about how this decision affects Arizona abortion laws. 



The 1901 Law That May Apply


With Roe v. Wade overturned, the power to ban or allow abortion goes back to the states. In Arizona, this means that the relevant law may date back to 1901. This law bans all abortions unless they are necessary for saving the life of the mother. 



An Upcoming Law On Abortion After 15 Weeks


A newer law recently signed by Governor Doug Ducey makes it illegal for doctors to perform abortions after 15 weeks. It also includes exceptions for the mother’s health. That law will officially go into effect 90 days after the state legislature’s current session closes.



Does The Recent Law Conflict With The 1901 Law?


There is an obvious difference between the 1901 law and the one recently signed by the Governor. The 1901 law bans all abortions, while the recently signed law only bans abortions after 15 weeks of pregnancy. In either instance, there are exceptions for the mother’s health.


However, there is some debate as to which of these laws takes precedence. The newer law has language saying it does not repeal or replace the older one. 



The Official Stance From The Arizona Senate Republican Caucus


In an official press release, the Arizona Senate Republican Caucus said that abortions are illegal in the state unless the mother’s life is in jeopardy. That statement said that this is the case until the new law takes effect, at which point, they are only illegal after 15 weeks. 



An Overview Of Current Abortion Legality


Most experts agree that the 1901 law is currently in effect. Even though there is no unanimous consensus, doctors are unlikely to take chances performing the procedure. As such, it is currently or nearly impossible to get an abortion in Arizona unless the mother’s health is at risk. 


Once the new law goes into effect, women will probably be able to get an abortion before 15 weeks. They will only be able to get one after 15 weeks if their life is at risk. 


Arizona also has an age restriction. You must be at least 18 years old to get an abortion in the state. Minors need parental or guardian consent, or they can apply for a judicial bypass. 



There Will Likely Be More Changes


One very important consideration is that the current laws regarding abortion in Arizona will likely get more restrictive. The reversal of Roe v. Wade clears a path for the Republican-led legislature to add restrictions. And experts say they expect this to happen soon.





With the repeal of Roe v. Wade, abortions in Arizona became significantly more restrictive. Due to a 121 year old law that is still on the books, abortion is currently illegal unless the mother’s life is in danger. Three months from now, abortions before 15 weeks will be allowed. There will likely be more changes coming to Arizona abortion laws, especially since the legislature is under Republican control.