Arizona’s Supreme Court Extends Attorney General’s Deadline for Abortion Ban Strategy by 90 Days

Arizona’s highest court has granted the state’s attorney general an additional 90 days to decide on further legal action regarding a 160-year-old near-total ban on abortion that lawmakers recently voted to repeal.

The Arizona Supreme Court’s decision maintains the more recent law legalizing abortion up to 15 weeks of pregnancy for the time being. Attorney General Kris Mayes now has more time to determine whether to appeal the case to the U.S. Supreme Court.

Mayes expressed appreciation for the extension, noting that the 1864 law won’t take effect until at least Sept. 26, considering the 90 days granted and an additional 45 days from a separate case.

“I will do everything I can to ensure that doctors can provide medical care for their patients according to their best judgment, not the beliefs of the men elected to the territorial legislature 160 years ago,” Mayes said.

In April, Arizona’s Supreme Court reinstated the older law with no exceptions for rape or incest and limited abortions to cases where the mother’s life is at risk. The majority opinion suggested that doctors could face prosecution and up to five years in prison if found guilty.

Despite a narrow vote in the Legislature to repeal the Civil War-era law, the repeal won’t take effect until 90 days after the end of the current annual session. It remains unclear whether there will be a period during which the older ban can be enforced before the repeal is enacted.

The anti-abortion group defending the ban, Alliance Defending Freedom, has vowed to continue the fight despite the recent delay.

“Arizona’s pro-life law has protected unborn children for over 100 years,” said Jake Warner, the group’s senior counsel. “We will continue working to protect unborn children and promote real support and health care for Arizona families.”

Planned Parenthood Arizona CEO Angela Florez welcomed the decision, affirming that the organization will continue to offer abortion care up to 15 weeks of pregnancy and focus on ensuring patients have access to such care for as long as legally permissible.