The Arizona Supreme Court has postponed the implementation of an 1864 near-total abortion ban, allowing time for further legal proceedings as Attorney General Kris Mayes is granted a window for appeal. This decision comes after Governor Katie Hobbs signed a repeal of the law earlier this month, although it won’t take effect immediately.
The Arizona Supreme Court has delayed the enforcement of an 1864 near-total abortion ban until 26 September 2024. This decision, issued on Monday, 14 May 2024, grants Attorney General Kris Mayes a 90-day window to appeal the case, potentially extending the timeline for legal proceedings. This move follows Governor Katie Hobbs’s signing of a repeal of the Civil War-era law earlier this month, although the repeal won’t take effect until 90 days after the legislative session ends.
Currently, Arizona permits abortions up to 15 weeks of pregnancy, a law put in place before the Supreme Court overturned Roe v. Wade in 2021. The 1864 law, which bans nearly all abortions except to save a woman’s life, criminalizes those aiding in obtaining an abortion and does not provide exceptions for rape or incest.
Planned Parenthood of Arizona and other reproductive rights organizations have vowed to continue fighting for abortion access. Arizona voters may face a referendum in November to potentially include the right to abortion up to 24 weeks in the state constitution.