The Arizona Supreme Court has granted the state's attorney general an additional 90 days to consider further legal action regarding the recent repeal of a 160-year-old near-total ban on abortion. This decision temporarily upholds a newer law that permits abortion up to 15 weeks of pregnancy and allows Attorney General Kris Mayes more time to determine whether to appeal to the U.S. Supreme Court.
Mayes expressed appreciation for the extension and noted that the earliest the 1864 law could now be implemented is September 26, factoring in the newly granted 90 days and an additional 45 days specified in another case.
“I will do everything I can to ensure that doctors can provide medical care for their patients according to their best judgment, not the beliefs of the men elected to the territorial legislature 160 years ago," Mayes stated.
In April, Arizona's Supreme Court ruled to reinstate the older law, which lacked exceptions for rape or incest and permitted abortions solely when the mother's life was at risk. The court's majority opinion suggested that doctors could face prosecution and up to five years in prison if convicted.
Subsequently, the state legislature narrowly voted to repeal the Civil War-era law, but the repeal will not take effect until 90 days after the conclusion of the current annual legislative session. It remains unclear whether there will be a period during which the older ban could be enforced before the repeal takes effect.
Despite the delay, the anti-abortion group Alliance Defending Freedom has pledged to continue its legal efforts, stating, “Arizona’s pro-life law has protected unborn children for over 100 years. We will continue working to protect unborn children and promote real support and health care for Arizona families.”
Planned Parenthood Arizona CEO Angela Florez welcomed the court's decision, affirming that the organization "will continue to provide abortion care through 15 weeks of pregnancy and we remain focused on ensuring patients have access to abortion care for as long as legally possible.”