AZ Supreme Court Delays 1864 Abortion Law Enforcement

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Facts

• The Arizona Supreme Court on Monday postponed enforcement of the state’s 1864 abortion law — giving Democratic state Attorney General Kris Mayes an additional 90 days to decide on whether to challenge the law in the US Supreme Court.¹
• Previously, the court in April voted to uphold the law — which largely outlaws abortion — ruling that a 2022 law allowing abortions up to 15 weeks couldn’t supersede Arizona’s original law that had been unenforceable for 50 years before SCOTUS overturned Roe v. Wade in 2022.²
• Although Democratic Gov. Katie Hobbs signed a repeal of the bill on May 2, it can't be enforced until 90 days after the end of the state’s legislative session. This left an opening for the 1864 law to be enforced while the legislature is still in session.³
• Monday’s ruling means that the law — which bans all abortions except for when the mother’s life is at risk — can't take effect until Sept. 26. The law could have been enforced June 26 before the decision.⁴
• The 15-week law remains in effect in Arizona, where voters are expected to weigh in on the issue via a ballot initiative in November’s election.⁵

Sources: ¹Guardian, ²Arizona Mirror, ³NBC, ⁴Daily Caller and ⁵The 19th.

Narratives

• Left narrative, as provided by Reproductive Freedom for All. The decision to delay this draconian ban is a win for reproductive rights. This cruel law will deprive Arizonans of vital healthcare, and people are yearning for a compassionate and contemporary approach to abortion rights. While the fight is not over, hopefully, this delay will be long enough for Arizonans to voice their support for abortion rights in November’s election.
• Right narrative, as provided by LifeNews.com. This is likely just a temporary delay of the state’s pro-life law. While some radical, pro-abortionists on the left may be eager to push pro-abortion laws, pro-life groups will continue to make sure that every baby is protected, regardless of age. Arizona’s original law could still take effect, and the people will celebrate the thousands of lives that will be saved.

Predictions