The Arizona Supreme Court has delayed a law from 1864 that would have almost completely banned abortion in the state. This comes after the Democratic Governor Katie Hobbs signed a repeal of the ban earlier in the month.
Attorney General Kris Mayes, also a Democrat, plans to appeal the Arizona Supreme Court’s ruling to the U.S. Supreme Court and has expressed disagreement with the decision, believing that the case warrants further judicial review. Mayes’s office had requested the delay to determine the best legal action to take next, including a potential petition to the U.S. Supreme Court.
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— Barbara Caban Homer (@HomerCaban) May 14, 2024
The recent ruling clarified that the ban cannot take effect until August 12, which is when the legislation was set to be implemented. The delay allows time for the attorney general’s office to figure out its next steps with the appeal. The state legislature repealed the Civil War-era abortion ban, but a period of time this summer still presented the possibility of an abortion ban due to Arizona law requiring new bills to not go into effect until 90 days after the legislature adjourns.
The recent repeal of the ban reverted the state back to a 2022 abortion law, which prohibits abortions after 15 weeks with no exceptions for rape or incest. Additionally, an abortion referendum will be on the ballot for Arizona voters in November. This referendum would establish a “fundamental right to abortion” in the state constitution. A spokesperson from the coalition spearheading the referendum, Arizona for Abortion Access, expressed concerns about the 2022 law, stating that it still poses extreme limitations on abortion access and punishes certain individuals seeking abortion care.
The future of the abortion ban in Arizona remains uncertain pending the outcome of legal appeals and the upcoming referendum.