The state’s high court granted a 90-day stay of the 1864 law on Monday, meaning the ban cannot be enforced until Aug. 12. Combined with a separate court case, the stay is in effect until Sept.
This will give Mayes more time to appeal the case to the U.S. Supreme Court should her office decide to take that route. Without Monday’s ruling, the Civil War-era law could have become fully enforced on June 27 at the earliest.
It comes weeks after Gov. Ktia hopps (D) signed a repeal of the ban passed by the state legislature. The repeal, however, does not take effect until 90 days after the state legislature adjourns for the year.
Combined with Monday’s ruling, enforcement of the 1864 abortion ban may never take effect, though it depends on when their state legislature adjourns and there is currently no end date in sight.
Arizona is the latest state to be faced with the question of abortion access after the state Supreme Court last month upheld the 1864 ban on nearly all abortions in the state, except in instances to save the life of the mother. The law also imposed jail time for physicians who perform abortions.
The 160-year-old law was never repealed and remained on the books for decades. The GOP-appointed state Supreme Court ruled 4-2 the ban could be enforced because Roe v. Wade was overturned.