Good morning, Broadsheet readers! The women’s basketball NCAA tournament officially outshone the men’s, Jessica Alba is stepping down as chief creative officer of The Honest Company, and Arizona revives a 160-year-old abortion ban. Take care this Wednesday.
– Back on the books. Arizona’s Supreme Court yesterday ruled that a 160-year-old near-total abortion ban is, in fact, law. The shocking ruling is unique from the other bans we’ve seen since the 2022 overturn of Roe v. Wade; rather than rely on a “trigger law” or new legislation, this one revives a law that dates back to 1864—48 years before Arizona even became a U.S. state.
Arizona’s ban, codified in 1901, criminalizes nearly all abortions in the state and was never repealed following 1973’s Roe v. Wade decision, allowing a court to put it back on the books yesterday. It includes exceptions only for the life of the mother, which The 19th reports is difficult for physicians to rely on in practice, and carries criminal penalties including two-to-five year prison sentences for providers. Previously, Arizona had a 15-week abortion ban in place, which, while restrictive, allowed access for the period of time in which most abortions happen. The court’s decision provides 14 days until the law goes into effect to allow for for lower court challenges.
What’s scariest about this ruling, however, is what it suggests might lie ahead for abortion nationwide. If Arizona’s top court can declare that a law that predates the state itself still applies to its 7.4 million residents in 2024, will federal lawmakers decide the same? Bubbling in the background of changing abortion legislation is the Comstock Act, an 1873 anti-obscenity law that can be interpreted as banning nearly all abortions. Abortion opponents have said they plan to use it in the fight to restrict the procedure nationwide. Read more about the Comstock Act and its role in federal anti-abortion strategy in this Slate story.
Just this week, former President Donald Trump, whose position on abortion has wildly varied over his life and political career, said that abortion will be “left to the states,” which was interpreted by some as a lack of support for a nationwide abortion ban. But what’s happening at the state level informs what could happen at the national level with a possible GOP administration next year.
Arizona’s Democratic Gov. Katie Hobbs called the court’s decision “unacceptable” and a “dark day” for Arizonans. Arizona Attorney General Kris Mayes vowed not to prosecute providers or people who receive abortions, even with the law in place. After all, Mayes said, the law is from a time when “the Civil War was raging, and women couldn’t even vote.” This time around, at least women have the right to make their voices heard at the polls—and Arizona voters will likely have the chance to say where they stand on abortion on the November ballot.
Emma Hinchliffe
emma.hinchliffe@fortune.com
The Broadsheet is Fortune’s newsletter for and about the world’s most powerful women. Today’s edition was curated by Joseph Abrams. Subscribe here.
ALSO IN THE HEADLINES
- Viewers vs. money. For the first time, the women's NCAA basketball finals got more viewers than the men's, 18.9 million compared to 14.8 million. And yet men's TV rights were still valued at $873 million to the women's $6.5 million. Wall Street Journal
- Honest exit. Actress Jessica Alba announced that she is stepping down as chief creative officer of the Honest Company, the sustainable line of beauty, baby, and household products she cofounded in 2012. Alba, who was early to the trend of celebrity-backed brands and took the Honest Company public in 2021, will serve on the company's board. Reuters
- Suits ensuing. A group of more than 2,000 Swiss women over the age of 64 won a case against the Swiss government for failing to sufficiently combat climate change. The women, known as KlimaSeniorinnen, argued that they were particularly vulnerable to the adverse effects of climate change because of their gender and age. Many believe the decision will lead to similar cases across Europe. Reuters
- In deep trouble. Schools across the country are racing to keep up with deepfake technology, including situations in which boys create nonconsensual deepfake nude images of their female classmates. One incident in Westfield, N.J., is shedding light on the fast-moving issue. New York Times
- Weight of the world. As Sima Sistani marks two years as WeightWatchers CEO, the company continues to struggle with a post-Ozempic world in which “weight loss comes in a syringe.” Financial Times
ON MY RADAR
What to know about the roiling debate over U.S. maternal mortality rates ProPublica
Zendaya talks Challengers, talks to Serena Williams, and considers her future Vogue
The rise of the remote husband Economist
PARTING WORDS
“If I don’t use that privilege to do some good in the world, then what’s the point?”
— Singer Billie Eilish on making the physical rollout of her new album, Hit Me Hard and Soft, as eco-friendly as possible
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