The state’s attorney general has been granted an additional ninety days by Arizona’s highest court to determine whether to pursue legal action in the case involving a nearly complete abortion prohibition that dates back 160 years and was recently repealed by lawmakers.
An earlier legislation that permits abortions up to 15 weeks into a pregnancy is still in effect as a result of the Arizona Supreme Court’s ruling. Attorney General Kris Mayes will also have extra time to consider whether to appeal the case to the US Supreme Court.
Thanking the court for the judgment, Mayes stated that, if the 90 days just given are added to the additional 45 days specified in a different case, the 1864 law can now go into effect as early as September 26.
“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, the Arizona Supreme Court decided to reinstate the previous legislation, which forbade rape and incest exceptions and only permitted abortions in cases when the mother’s life was in danger. According to the majority judgment, doctors who are found guilty could face up to five years in prison as punishment.
The Civil War-era law was then narrowly repealed by the Legislature, but it won’t go into force for 90 days until the current annual session ends. It’s been unclear how long the previous prohibition may remain in effect before the repeal became effective.
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Alliance Defending Freedom, the anti-abortion organization supporting the ban, declared that it will not back down in the face of the most recent postponement.
“Arizona’s pro-life law has protected unborn children for over 100 years,” the group’s senior counsel Jake Warner stated. “We will continue working to protect unborn children and promote real support and health care for Arizona families.”
CEO of Planned Parenthood Arizona, Angela Florez, applauded the action.
We “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,” the spokesperson stated for the group.
