Mayes Secures Hold on Civil War-Era Abortion Law Ruling as U.S. Supreme Court Appeal Looms

Arizona Attorney General Kris Mayes has once again secured a delay in the Arizona Supreme Court’s ruling that seeks to enforce a near-total abortion ban dating back to 1864. This decision extends her window to potentially appeal the ruling to the U.S. Supreme Court.

Earlier this year, the Arizona Supreme Court ruled to revive the Civil-War era law, but it was repealed by the state legislature soon after. Despite this legislative action, advocates for reproductive rights had concerns about the law’s reinstatement due to the 90-day delay in effectiveness post-legislative session, which concluded in June.

Mayes successfully obtained a 90-day delay following the repeal, and an additional month-long freeze from a related case pushed the potential reinstatement beyond September. These legal maneuvers have now extended the delay until early November.

The Arizona Supreme Court granted this latest extension at Mayes’ request as she weighs a potential challenge to the state court’s decision at the U.S. Supreme Court level. The original delay was meant to provide Mayes with sufficient time to appeal the decision, which predicates the enforcement of the 1864 ban on a 2021 fetal personhood law currently blocked by a federal injunction.

Mayes’ contention is that the Arizona Supreme Court overstepped by using the inactive 2021 law to reinstate the antiquated ban. She argues that doing so interferes with ongoing federal cases and threatens the post-Roe legal landscape.

Despite the Arizona Supreme Court’s refusal to alter its ruling, it extended the pause to give Mayes additional time to decide on pursuing an appeal to the highest court in the country. Spokesman Richie Taylor indicated that the Attorney General is still evaluating her options with no final decisions made yet.

Reproductive rights advocates are now focusing on the upcoming November election as a critical juncture for abortion access in Arizona. They are hopeful that the Arizona Abortion Access Act, fortified by more than double the necessary signatures, will be on the ballot. If passed, this act would solidify abortion as a fundamental right in the state constitution.

The initiative aims to restore access to abortion up to the point of fetal viability, generally around 24 weeks, and allow procedures beyond that in cases of medical necessity. The act would also eliminate current restrictions and nullify the possibility of the 2021 fetal personhood law’s revival.