Major Development In Arizona’s 1864 Abortion Ban

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( – On Monday, the Arizona Supreme Court granted a stay to state Attorney General Kris Mayes which is going to block the state’s 1864 abortion ban from going into effect for the next few months. 

The 90-day stay means the law will not be enforceable until August 12th. This, along with a separate court case, means that currently, the law will not go into effect until September 26th. 

Mayes has pointed out that this would allow her more time to push forward an appeal against the court’s decision to the U.S. Supreme Court if her office determines that this is the best course of action. If the ruling on Monday had not been in favor of Mayes’s request, then the law would have gone into effect on June 27th at the earliest.

This has come weeks after Gov. Katie Hobbs (D) had signed for the ban to be repealed by the state legislature. However, the repeal will only take effect 90 days after the adjourning of the state legislature. 

Monday’s ruling, however, could potentially mean that the law will never take place, because of the ban signed by Hobbs. This depends on the day that the state legislature adjourns, as there is no end date set currently.  

Several states have faced questions regarding abortion access following the reversal of Roe v. Wade by the Supreme Court. Arizona’s law specifically speculates that abortion is only legal in cases where the mother’s life is at risk, and it is noted that the law would impose prison time for any physician who permitted an abortion.

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