Arizona court upholds pre-statehood 1864 abort ban; AG vows not to enforce

The Arizona Supreme Court ruled Tuesday that anti-abortion legislation from 1864 can be “prospectively enforced” to impose a maximum five-year prison for those charged with aiding an abortion performed for any reason other than saving the life of the person giving birth.

Tuesday’s ruling could effectively shutter abortion clinics in the Grand Canyon State, according to the Arizona Republic.

However, Attorney General Kris Mayes, a Democrat, immediately vowed she would not enforce the “unconscionable” ban predating Arizona’s 1912 statehood.

“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” Mayes said in a statement Tuesday. “And let me be completely clear, as long as I am attorney general, no woman or doctor will be prosecuted under this draconian law in this state.”

Mayes was given full power to use her discretion on such matters through an executive order issued by Democratic Gov. Katie Hobbs in June.

Hobbs defeated Republican Kari Lake in Arizona’s 2022 gubernatorial race, but the Trump-supporting firebrand is now campaigning for a Senate seat. She opposes a national abortion ban while arguing each state should make its own rules. The former president took that same position earlier this week after previously floating his support for a 15-week abortion ban at the national level.

Abortion rights are expected to influence the 2024 presidential and congressional elections. Arizona, a swing state, holds 11 electoral votes.

The Supreme Court’s 2022 decision to overturn Roe v. Wade immediately prompted states to revisit abortion legislation at the local level. Abortion choice was previously protected federally by that 1973 ruling.

Arizona Planned Parenthood intends to continue providing abortion services for “a short period of time,” according to its social media accounts. “We will not stop fighting to protect and expand access to reproductive health care,” the organization posted.

The ban won’t take effect immediately.