Arizona Supreme Court sides with reason in pausing 1864 abortion law

The 1864 abortion law is out for now in Arizona after the state Supreme Court on Monday ruled in favor of Attorney General Kris Mayes and Planned Parenthood, pausing enforcement of the territorial statute for 90 days.

It’s too early for abortion access advocates to declare victory, but the court made a ruling in favor of logic and reason.

Regardless of where you stand on abortion, the issue should be decided by current lawmakers for the modern era.

Abortion law was passed in a different time

It could be that you think abortion should be illegal in all circumstances, including cases of rape or incest or to save a mother’s life.

It could be that you take the most extreme liberal position of “your body, your choice” without regard to whether a newly conceived fetus should have any rights.

But either way, after the U.S. Supreme Court overturned Roe v. Wade, Arizona reverted to a law that was put in place before women and minorities would have been allowed to vote for those who wrote it, and that wasn’t going to work.

The Civil War-era law isn’t dead, yet. There are a few more legislative hurdles to clear before the state moves to a 2022 law.

But this is an important decision that does nothing to diminish an upcoming fight between conservatives and liberals that could tip elections across the state in November.

Ruling won't end fighting, but it offers a choice

Will Kari Lake and Donald Trump be able to retain conservative support while moonwalking on an issue their core considers a matter of no compromise?

Will Ruben Gallego and Joe Biden be able to leverage the “safe, legal and rare” argument, appealing to moderates and liberals alike?

It depends on which side gets its base excited.

GOP can still win abortion debate: Here's how

But a 160-year-old law that subjected doctors to potential prison sentences from second guessing by lawyers and judges wasn’t going to stand without a fight — nor should it have.

Conservatives would be lucky if that kind of overreach didn’t trigger a backlash that would have ended with an “Abortions R Us” on every corner.

Expect more fighting.

But this decision creates an opportunity for the people, including women and minority voters who didn’t count in 1864, to decide the issue through a ballot measure or by picking lawmakers to write a law that reflects their will.

Reach Moore at gmoore@azcentral.com or 602-444-2236. Follow him on X, formerly Twitter, @SayingMoore.

This article originally appeared on Arizona Republic: Arizona Supreme Court was right to pause 1864 abortion law