The implementation of an 1864 near-total abortion ban in Arizona has been postponed by the Arizona Supreme Court following the repeal of the ban by Governor Katie Hobbs. Attorney General Kris Mayes, a Democrat, has been granted permission to appeal the ruling to the U.S. Supreme Court.
Mayes expressed disagreement with the court’s decision and emphasized the importance of allowing doctors to provide medical care based on their professional judgment rather than outdated beliefs from over a century ago. The attorney general’s office requested a 90-day delay to strategize their next legal steps, including a potential petition to the U.S. Supreme Court.
Despite the repeal of the Civil War-era ban by the state legislature, a temporary ban on abortions was still expected in Arizona due to the 90-day waiting period for new laws to go into effect. The court clarified that the ban cannot be enforced until August 12, aligning with the scheduled implementation date of the legislation.
The future enactment of the abortion ban remains uncertain pending the end of the legislative session in Arizona. The recent repeal reverted the state back to a 2022 abortion law prohibiting abortions after 15 weeks without exceptions for rape or incest.
Additionally, Arizona voters will have the opportunity to vote on an abortion referendum in November, aiming to establish a “fundamental right to abortion” in the state constitution. The coalition behind the referendum, Arizona for Abortion Access, expressed concerns over the impact of the 2022 abortion law on patients with pregnancy complications and survivors of rape and incest.
