PHOENIX — The start date of Arizona's Civil War-era abortion ban has been pushed back into late June, extending the window in which Arizonans can still seek abortion care.
The Arizona Supreme Court recently concluded the state can enforce a long-dormant law that permits abortions only to save the pregnant patient's life. The ruling suggested doctors could be prosecuted under the law first approved in 1864, which carries a sentence of two to five years in prison for anyone who assists in an abortion.
After the court rejected Attorney General Kris Mayes' motion to reconsider in late April, it looked like the ban would become enforceable June 8. However, procedural rules and a prior ruling have kicked the start date back to June 27, 2024 as of April 30.
"Arizonans can still obtain, and providers cannot be prosecuted for, providing abortion care in accordance with Title 36," Mayes said in a statement on the attorney general website.
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The anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court's decision becomes final.
Democrats in the Arizona House of Representatives recently successfully passed a bill to repeal the ban. That bill is now headed to the state Senate for further deliberation. If lawmakers repeal the ban, that repeal likely wouldn't take effect until fall — potentially after the November election.
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