Clinic escorts wait to greet and help arrivals at Camelback Family Planning, an abortion clinic in Phoenix, Arizona on April 18, 2024. (Photo by FREDERIC J. BROWN/AFP via Getty Images)
Arizona Attorney General Kris Mayes says the earliest day the state’s 1864 abortion ban can be enforced is June 27.
The Arizona Supreme Court on April 9 reinstated the pre-statehood law, which criminalizes abortions at any point of pregnancy and for any reason except if the mother’s life is at risk. The law makes helping anyone obtain an abortion a felony, with a prison sentence of two to five years.
The court ruling stated the law could not be enforced for 14 days after it issued the final order in the case. Then, due to a separate lawsuit, the law could not be enforced for another 45 days.
RELATED: Republican lawmakers retaliate after Dems’ success on abortion ban repeal
Originally, Mayes had said the earliest the abortion ban could be enforced was June 8.
However, Mayes filed a motion for the court to reconsider, and the court denied the motion on April 26. This delayed the court in issuing its final order, which pushes back the enforcement date to June 27.
This means healthcare providers can continue operating under Arizona’s current 15-week ban through June 27. The current law does not include exceptions for rape or incest.
Mayes has said that she will not enforce the law once it is fully in effect, but that doesn’t mean healthcare providers will continue to offer the service.
Repeal efforts
On April 24, three Arizona House Republicans joined Democrats to pass a bill to repeal the 1864 abortion ban. It will now be sent to the Senate, which meets on Wednesday.
However, it could still take weeks for the Senate to vote on the bill. Once Gov. Katie Hobbs signs it, it wouldn’t go into effect until 90 days after the legislative session ends.
In November, Arizonans will likely get the chance to have their voice heard on the issue. If the Arizona for Abortion Access Act gets enough signatures to make it onto the ballot, voters could approve an amendment to the state constitution that would protect abortion up to the point of fetal viability, which is around 24 weeks.
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