Topline
Arizona’s controversial 1864 abortion ban will not be enforced until June 8, the state’s Democratic Attorney General Kris Mayes said in a letter to abortion providers Friday, after lawmakers on both sides of the aisle roundly criticized the state Supreme Court’s recent decision to enact one of the most strict abortion bans in the country.
Key Facts
The earliest date the state’s ban will become enforceable is June 8, when state healthcare providers can be prosecuted for performing abortions, with a maximum sentence of five years in prison.
Mayes, who has publicly opposed the court’s ruling and said she won’t prosecute providers, said in her letter her office “continues to explore all legal options available to prevent the 1864 near-total abortion ban from taking effect.”
Arizona’s Supreme Court ruled two weeks ago state officials could enforce the Civil War-era law, a near-total ban on abortions, without exceptions for cases of rape, incest or when a mother’s life is in danger.
Arizona’s first-term Democratic Gov. Katie Hobbs, along with a group of lawmakers, criticized the state court’s ruling—one of more than two dozen state restrictions on abortion enacted since the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade—with Hobbs labeling it “draconian.”
Contra
Despite widespread pushback, including from some lawmakers on the right, Arizona’s Republican-controlled House rejected a motion earlier this week to repeal the 1864 law. That vote was largely along, with one Republican—state Rep. Matt Gress—joining all Democrats present to support the bill. Voters in Arizona will have an opportunity to effectively nullify the ban in November, with proponents of a ballot initiative to protect women’s right to abortion announcing they collected enough signatures earlier this month for the question to appear on the Arizona ballot.
Surprising Fact
Former President Donald Trump, who for months in his campaign remained quiet on the topic of abortion, criticized Arizona’s law, calling on state officials to “act immediately” to overturn the ban, though Trump has said decisions on abortion access should be left up to individual states. While Democrats have sounded off on the ruling, analysts believe the ruling could provide an edge for left-wing candidates in the November election, with Democrats potentially garnering support from supporters of abortion rights who have become more motivated to vote as a result of the ruling. In Arizona, that edge could prove crucial for President Joe Biden, who won the state in 2020 by just over 10,000 votes. Recent polls put Biden just behind Trump in the November election.
