Arizona Supreme Court pushes back enforcement of 1864 abortion ban

PHOENIX — The Arizona Supreme Court on Monday granted a request to delay enforcement of the state’s 1864 near-total abortion ban. The court granted Democratic Attorney General Kris Mayes’ request for an additional 90 days before the Civil War-era ban can be enforced. Even though Democratic Gov. Katie Hobbs signed a repeal of the ban on May 2, that measure cannot take effect until 90 days after the state’s legislative session ends — and it's still in session.

If legislators were to keep to that timeline, the ban could be enforceable for about a month — from Sept. 26 until late October — under the new projections. But it’s still unclear when this year's session will end. With the enforcement delay, the state is operating under a 15-week ban on abortions passed in 2022 — signed by former Gov. Doug Ducey, a Republican — that makes exceptions for medical emergencies but not for rape or incest.

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