Arizona Enforces 1864 Abortion Ban Amid Legal Uncertainty and Political Debate

Arizona is facing legal uncertainty and political debate over abortion rights after the state Supreme Court upheld a territorial-era near-total ban on abortion. The 1864 law, which bans most abortions except to save the life of the mother, was recently reinstated by the court, despite a new 2022 law allowing abortions up to 15 weeks.

The exact timeline for enforcing the 1864 law is unclear. Attorney General Kris Mayes says it cannot be enforced until June 8, while abortion opponents argue it should be in effect immediately. Planned Parenthood of Arizona will continue providing abortions up to 15 weeks until the last legal moment, but the situation has caused "chaos and confusion," according to Governor Katie Hobbs.

Democratic lawmakers have pushed to repeal the 1864 law, but the repeal would not take effect until 90 days after the legislative session ends. The Arizona House of Representatives voted to overturn the ban, setting the stage for a repeal that would leave the state's 15-week restriction on the procedure in place. Three Republicans joined all 29 Democrats to advance the legislation, which is expected to pass the state Senate in early May and be signed into law by Hobbs.

Why this matters: The debate over abortion laws in Arizona is expected to be a major issue in the 2024 elections. The uncertainty surrounding the enforcement of the 1864 ban has created a shadow of uncertainty for healthcare providers and patients seeking abortion care in the state.

Meanwhile, a ballot initiative called the Arizona Abortion Access Act, which would enshrine abortion rights in the state constitution, is pending. Prosecutors have taken a hands-off approach, with the Attorney General and some county attorneys saying they will not prosecute abortion cases. California has also passed a bill that would allow Arizona medical professionals to perform abortions for Arizona patients in California through the end of the year, in case the 1864 ban is not repealed.

Governor Hobbs acknowledges she has no power to prevent doctors from being arrested for performing abortions during the period between the law being declared enforceable and its eventual repeal. "This has caused chaos and confusion for both providers and patients. Providers don't know what the law is, and they're afraid that they will be prosecuted and could face jail time for performing otherwise legal abortion care," Hobbs stated.

Key Takeaways

• Arizona's Supreme Court upheld a near-total 1864 abortion ban, despite a new 2022 law.
• Enforcement timeline of the 1864 ban is unclear, causing "chaos and confusion" for providers.
• Democrats pushed to repeal the 1864 ban, which would leave the 15-week restriction in place.
• Abortion rights will be a major issue in Arizona's 2024 elections due to the uncertainty.
• A ballot initiative to enshrine abortion rights in the state constitution is pending.