The Arizona Supreme Court has issued an order delaying the enforcement of the state's recently revived 1864 abortion ban. This decision comes after a 90-day stay was requested by the state's attorney general.
Arizona Democratic Gov. Katie Hobbs signed a repeal of the 1864 abortion ban on May 2. However, the repeal will not take effect until 90 days after the legislative session ends. With the state's legislature currently in session, there is a possibility that the Civil War-era abortion ban could be enforced for a brief period.
The stay granted by the court will be in effect through August 12 to allow Arizona Attorney General Kris Mayes to consider filing a petition for certiorari to the US Supreme Court. The order also mentions the potential for another stay to be filed.
In a statement, Mayes expressed gratitude for the court's decision to stay the enforcement of the 1864 abortion ban. She emphasized that the earliest the ban could be enforced is September 26, due to an additional 45-day stipulation in a separate case. Mayes pledged to advocate for doctors to provide medical care based on their professional judgment rather than laws enacted 160 years ago.
Additionally, the court denied a motion from Planned Parenthood Arizona seeking a stay on the 1864 abortion ban until the repeal takes effect. The repeal of this long-standing law earlier this month marked a significant victory for abortion rights advocates, who have been working to overturn the 1864 ban that prohibited abortion at all stages of pregnancy except to save a mother's life and imposed prison sentences on providers.
