TL/DR –
Arizona Governor Katie Hobbs has repealed a 160-year-old abortion ban, one of the most restrictive in the nation. However, the repeal doesn’t take immediate effect and the state will be in policy flux until it does, with the 1864 law potentially being enforceable from late June until the repeal takes effect. Once the ban is officially repealed, a 2022 law prohibiting most abortions after 15 weeks of pregnancy will come into effect, with exceptions for life-threatening conditions or significant risk of substantial and irreversible bodily impairment, but not for rape or incest.
Arizona’s Old Abortion Ban Repealed by Governor Hobbs
Arizona Governor Katie Hobbs signed a bill on Thursday to repeal the state’s 160-year-old abortion ban, overturning one of the country’s most restrictive abortion laws following intense political negotiations at the state capitol. This landmark decision, hailed by Planned Parenthood and other advocacy groups, comes after Arizona Legislature’s pivotal move to repeal the ban on Wednesday.
However, the repeal will not immediately stabilize the volatile policy area, which has been a hotbed of political debate for nearly two years. The uncertainty was reinstated by the Arizona Supreme Court’s April decision to uphold the Civil War-era abortion policy.
Uncertain Future for Abortion Laws in Arizona
The governor’s signature does not mean the ban will be immediately lifted. The actual repeal could take months, but once it is officially enacted, a 2022 law that prohibits most abortions after 15 weeks of pregnancy will take effect. The law, however, does not include exceptions for rape or incest.
Following the repeal, Planned Parenthood Arizona sought to delay the enforcement of the 1864 ban. Meanwhile, Attorney General Kris Mayes provided another legal route to postpone enforcement. With these efforts unresolved, the state could revert to the legal confusion of 2022 after the U.S. Supreme Court overturned Roe v. Wade, leaving uncertainty about which abortion law applies to Arizonans.
Planned Parenthood Appeals for Delay on 1864 Abortion Ban
After the repeal of the 1864 law, Planned Parenthood Arizona filed a motion with the state Supreme Court, seeking to delay the enforcement of the ban until the repeal takes effect. If the court agrees to the motion, the ban may never be enforced, providing relief to abortion rights advocates fearing the implementation of a total abortion ban.
Efforts by Attorney General Kris Mayes to Delay Enforcement
Attorney General Kris Mayes has made several attempts to delay the court’s final decision on the abortion ban. She has also requested the court for a 90-day extension to consider presenting the case to the U.S. Supreme Court. This federal case pertains to an Arizona law that grants rights to fetuses, a law currently barred from enforcement by a court order.
Effective Dates of Abolition of Arizona Abortion Ban
Typically, laws passed by the state Legislature and signed by the governor come into effect 90 days after the end of the year’s legislative session. However, the exact date of sine die this year remains uncertain. If the Legislature concludes its work by the end of May, as projected by Governor Hobbs, the abortion ban repeal would take effect in late August.
Potential Enforcement Before Repeal of Arizona Abortion Ban
If efforts to delay the ban’s enforcement fail, the 1864 law would be the law of the land from June 27 until the repeal takes effect. The consequences of this, such as whether clinics would shut down or abortion providers would be indicted, are yet to be determined. Regardless of legal actions, service providers may temporarily halt services if the ban comes into effect.
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