**PHOENIX (AP)** — Arizona's highest court has given the state’s attorney general an additional 90 days to make a decision on further legal proceedings concerning a 160-year-old near-total abortion ban, which lawmakers recently moved to repeal.
This order from the Arizona Supreme Court temporarily upholds a newer law that permits abortions up to 15 weeks into pregnancy. The extension grants Attorney General Kris Mayes more time to consider taking the case to the U.S. Supreme Court. Mayes expressed appreciation for the extra time and indicated that the earliest the 1864 law could now come into effect is September 26, accounting for the newly granted 90 days and an additional 45 days required by another case.
“I will do everything in my power to ensure that medical professionals can provide care based on their expertise, rather than being constrained by laws enacted by legislators 160 years ago," Mayes stated.
In April, the Arizona Supreme Court reinstated the older law, which does not provide exceptions for rape or incest and only allows abortions if the mother's life is at risk. The majority opinion suggested that doctors could face prosecution and up to five years in prison if found guilty. Although the Legislature voted narrowly to repeal the Civil War-era law, the repeal will not take effect until 90 days after the legislative session ends. This created uncertainty about whether the old ban could be enforced before the repeal is implemented.
Alliance Defending Freedom, the anti-abortion group advocating for the ban, vowed to continue their efforts despite the delay.
“Arizona’s pro-life law has safeguarded unborn children for over a century,” said Jake Warner, the group's senior counsel. “We will persist in our mission to protect unborn children and support Arizona families with real care and resources.”
Angela Florez, CEO of Planned Parenthood Arizona, welcomed the court's decision. She affirmed that the organization "will continue to provide abortion services up to 15 weeks of pregnancy and remain committed to ensuring patients have access to abortion care for as long as it is legally allowed.”