The Arizona Supreme Court ruled Tuesday the state can enforce an 1864 law that makes it a felony to perform abortions with almost no exceptions—but a state ballot issue could effectively nullify the ruling if approved by voters.
Abortion rights protesters chant during a Pro Choice rally at the Tucson Federal Courthouse in ... [+]
The court issued the 4-2 ruling after obstetrician Eric Hazelrigg, and Yavapai County Attorney Dennis McGrane asked the court to weigh in on the law in the wake of the Supreme Court’s overturning of Roe v. Wade.
The law makes it a felony, punishable by up to five years in prison, to perform abortions, except when the life of the mother is in danger.
The order will not take effect for another 14 days, though it’s unclear if and how it would be enforced.
Democratic state Attorney General Kris Mayes holds the power to enforce abortion laws in Arizona, according to an executive order issued by Democratic Gov. Katie Hobbs, but Mayes has vowed not to prosecute providers, and reiterated that promise in the wake of Tuesday’s ruling.
Abortion is otherwise legal in Arizona up to 15 weeks of pregnancy.
The 1864 law, and the 15-week ban, could be superseded by a ballot initiative that would install a “fundamental right” to abortion up until fetal viability, about 24 weeks of pregnancy, under the state constitution—and proponents of the initiative said last week they’ve gathered enough signatures to put the measure before voters in November.
President Joe Biden called the ban “cruel” and “a result of the extreme agenda of the Republican elected officials who are committed to ripping away women’s freedom,” in a statement in response to the ruling.
This is a developing story and will be updated.