The Arizona Supreme Court recently upheld an 1864 law that would ban nearly all abortions in the state. But the near-total abortion ban is not yet in effect. Reached in a related case in Arizona, enforcement of the ban could possibly be delayed for up to two months, according to Arizona Attorney General Kris Mayes (D-AZ) and Planned Parenthood Arizona, the plaintiffs in the current case.
The Arizona Supreme Court recently upheld an 1864 law that would ban nearly all abortions in the state. But the near-total abortion ban is not yet in effect. Reached in a related case in Arizona , enforcement of the ban could possibly be delayed for up to two months, according to Arizona Attorney General Kris Mayes (D-AZ) and Planned Parenthood Arizona , the plaintiffs in the current case.
The law, enacted in 1864, long before Arizona became a state in 1912, provides no exceptions for rape or incest and allows abortions only if the mother’s life is in jeopardy. The 1864 ban had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide. But after Roe v. Wade was overturned, the Arizona Supreme Court’s April 9 decision suggested that doctors could be prosecuted under the 1864 law, although the opinion written by the court’s majority didn’t explicitly say that. But Mayes bars Arizona from enforcing the 1864 ban until 45 days after the Arizona Supreme Court issues its mandate in its case with Mayes. “While today’s ruling makes clear that the near-total ban on abortion will be enforced, it is important to note that abortion is still accessible in Arizona for a limited period of time,” Planned Parenthood said in an April 10 interview on CBS Mornings. “They could gavel in today and make a motion to repeal this ban. And they should do that
Arizona Supreme Court Abortion Ban Law Enforcement Delay Exceptions Rape Incest Life Jeopardy Roe V. Wade Overturned Doctors Prosecution Planned Parenthood
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