The Arizona Supreme Court has granted a request to delay the enforcement of the state’s 1864 near-total abortion ban. Democratic Attorney General Kris Mayes requested an additional 90-day delay before the ban can be enforced. Despite Democratic Gov. Katie Hobbs signing a repeal of the ban, it cannot take effect until 90 days after the state’s legislative session ends, and the session is still ongoing. The court’s order narrows the window for potential enforcement of the ban.
Mayes expressed gratitude for the court’s decision to stay enforcement of the 1864 law and extend the delay for another 90 days. Her office is considering the best legal course of action moving forward, which may involve seeking intervention from the U.S. Supreme Court. The previous enforcement date for the 1864 ban was set for June 27, but with the new delay, it has been pushed back to September 26. The actual enforcement date will ultimately depend on when the state’s legislative session concludes.
Currently, the state is operating under a 15-week abortion ban passed in 2022 that makes exceptions for medical emergencies but not for rape or incest. This law has led to a coalition of reproductive rights organizations working to get a constitutional amendment on the state’s ballot in November. The amendment would establish the right to an abortion through fetal viability and broaden exceptions. The coalition, known as Arizona for Abortion Access, is on track to get the referendum on the ballot.
A spokesperson for the coalition highlighted that the state Supreme Court’s order does not overturn the 2022 law, meaning that Arizonans are still subject to the 15-week ban that does not provide exceptions for rape or incest. Since the overturning of Roe v. Wade in June 2022, abortion rights have been a focal point in several states, with advocacy groups successfully defending abortion rights in various states. Even in conservative states like Kansas and Ohio, abortion-rights advocates have emerged victorious.
Alex Tabet, a 2024 NBC News campaign embed, and Adam Edelman contributed to the coverage of this issue. The evolving situation in Arizona regarding abortion rights reflects a broader national conversation on reproductive rights and access to abortion services. As various states grapple with legislative changes and legal challenges, advocacy groups continue to push for the protection of abortion rights and access for all individuals. The delay in enforcement of the 1864 near-total abortion ban in Arizona highlights the complex and ongoing debate surrounding reproductive rights and the legal landscape for abortion in the United States.
