Arizona Supreme Court pushes back enforcement of 1864 abortion ban
The governor signed a bill repealing the Civil War-era law, but the new statute won't take effect for months, potentially allowing for enforcement of the old one.
PHOENIX — The Arizona Supreme Court on Monday granted a request to delay enforcement of the state’s 1864 near-total abortion ban.
The court granted Democratic Attorney General Kris Mayes’ request for an additional 90 days before the Civil War-era ban can be enforced.
Even though Democratic Gov. Katie Hobbs signed a repeal of the ban on May 2, that measure cannot take effect until 90 days after the state’s legislative session ends — and it is still in session. Monday's court order essentially narrows the window in which the ban could be enforced, if it all.
“I am grateful that the Arizona Supreme Court has stayed enforcement of the 1864 law and granted our motion to stay the mandate in this case for another 90 days,” Mayes said in a statement Monday.
She also said her office "will consider the best legal course of action to take from here,” which could include asking the U.S. Supreme Court to intervene.
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