The Arizona Supreme Court has granted the state's Attorney General, Kris Mayes, an additional 90 days to deliberate on further legal proceedings regarding a contentious 1864 abortion law. This outdated statute, which was recently challenged, carries severe restrictions, allowing abortions only when the mother's life is at risk. The court's decision effectively postpones the possible reinstatement of this near-total ban, maintaining the state's current legislation that permits abortions up to 15 weeks of gestation.
The extension means that the earliest this older law could be enforced would be September 26, 2024, after accounting for the newly granted 90-day period plus an additional 45 days provided in a related case. While the state's legislature has moved to repeal the 1864 law, this repeal will only take effect 90 days post the conclusion of their ongoing session, raising questions about potential enforcement gaps.
The delay is met with mixed reactions. Attorney General Mayes has committed to defending medical professionals' rights to provide care based on medical, not outdated legal, standards. Meanwhile, advocacy groups have posed differing stances: Alliance Defending Freedom vows to continue their defense of the old law, whereas Planned Parenthood Arizona, through CEO Angela Florez, emphasizes ongoing legal abortion services up to the 15-week mark and advocacy for accessible abortion care.