The Arizona Supreme Court has delayed the enforcement of the state’s recently revived 1864 abortion ban, allowing for a 90-day stay requested by the state’s attorney general. Governor Katie Hobbs signed a repeal of the ban on May 2, but it will not go into effect until after the legislative session ends. The Civil War-era abortion ban could potentially come into effect for a brief period while the legislature is still in session.
The stay will be in effect through August 12 in order for Arizona Attorney General Kris Mayes to consider a petition for certiorari to the US Supreme Court. Mayes expressed gratitude for the court’s decision to delay enforcement, noting that the earliest the abortion ban can be enforced is September 26 due to an additional 45 days stipulated in a separate case. She emphasized the importance of allowing doctors to provide medical care based on their best judgment rather than outdated beliefs from 160 years ago.
Planned Parenthood Arizona filed a motion asking the court to stay the 1864 abortion ban until the repeal takes effect, but the court denied the motion. The repeal of the Civil War-era ban earlier this month was a significant victory for abortion rights advocates who have been working to overturn the law for years. The 1864 law banned abortion at all stages of pregnancy except to save a mother’s life and imposed prison sentences on providers.
Overall, the delay in enforcing the 1864 abortion ban provides some relief for abortion rights advocates in Arizona as they continue to fight for reproductive rights. Governor Hobbs’ repeal of the ban was a crucial step in the ongoing battle to ensure access to safe and legal abortion care. The decision by the Arizona Supreme Court allows for additional time to consider legal challenges and hopefully prevent the enforcement of a harmful and outdated law. It remains to be seen how this issue will continue to unfold in the coming months.
