Arizona Supreme Court Halts Total Abortion Ban Enforcement Another 90 Days
By Staff Reporter |
The Arizona Supreme Court has once again pumped the brakes on the state’s total abortion ban which dates back to pre-statehood days.
The order in the case, Planned Parenthood v. Hazelrigg, offered a temporary lifeboat for abortion supporters awaiting possible appeal. The court’s order, combined with the separate directive in Isaacson v. Arizona, means the abortion ban won’t go into effect until Sept. 26 of this year.
The Arizona Supreme Court rejected attempts to nullify the total abortion ban last month. That ruling, posted here, reflected the justices’ commitment to following their “limited constitutional role and duty to interpret the law as written” and deferring to the legislature.
“To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion,” ruled the court. “We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens.”
A version of the total abortion ban dated back to Arizona’s territorial days, to the final year of the Civil War: 1864. The law on the books, A.R.S. § 13-3603, prohibits abortions except when necessary to save the mother’s life.
The Supreme Court’s injunction only served to reduce the amount of time the ban would be enforced. The Arizona legislature passed a bill repealing the total abortion ban; Governor Katie Hobbes signed the bill earlier this month.
Currently, state law banning abortions after 15 weeks remains in effect.
An activist group hopes to end all restrictions on abortion in the state by enshrining abortion as a constitutional right.
Arizona for Abortion Access is gunning to secure a constitutional amendment question on the November ballot. Most of the group’s funding has come from out of state. The activists have until July 3 to gather just over 383,900 valid signatures for ballot referral.
Leftist organizations and Democrats, including Hobbs, are in full support of making abortion a constitutional right.
In response to her signing the bill repealing the total abortion ban, Hobbs’ administration rolled out a website advocating for unfettered abortion access, painting those opposed to abortion as “radical extremists.”
The website also depicted crisis pregnancy centers as inaccurate and deceptive operations, citing an Attorney General Kris Mayes webpage portraying these centers as predatory with personal health information and potentially even dangerous.
Mayes celebrated the court’s decision. She said that her office may use the time afforded them to petition the U.S. Supreme Court.
“I am grateful that the Arizona Supreme Court has stayed enforcement of the 1864 law and granted our motion to stay the mandate in this case for another 90 days,” said Mayes. “During this period, my office will consider the best legal course of action to take from here, including a potential petition for certiorari to the U.S. Supreme Court.”
Apart from the additional stay granted, Mayes said that she opposed the Arizona Supreme Court’s ruling. Mayes indicated that abortion was a form of medical care.
“I continue to believe this case was wrongly decided, and there are issues that merit additional judicial review,” said Mayes. “I will do everything I can to ensure that doctors can provide medical care for their patients according to their best judgment, not the beliefs of the men elected to the territorial legislature 160 years ago.”
Former Attorney General Mark Brnovich, during his last months in office, backed the total abortion ban.
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