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By Khaleda Rahman
National Correspondent
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The Arizona Supreme Court has delayed enforcing the state's 1864 abortion law, giving the state's attorney general more time to decide further legal action in the case.
The court's order leaves in place for now a more recent law that legalizes abortion up to 15 weeks of pregnancy.
The order granted Arizona Attorney General Kris Mayes' request for an additional 90 days before the Civil War-era ban can be enforced. Mayes, a Democrat, said the earliest the law can now take effect is September 26, counting the 90 days just granted plus another 45 days stipulated in a separate case.
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In a statement, she said her office will use the time to consider the "best legal course of action to take," including whether to take the case to the U.S. Supreme Court.
She also said her office "will consider the best legal course of action to take from here," which could include asking the U.S. Supreme Court to intervene.
"I continue to believe this case was wrongly decided, and there are issues that merit additional judicial review," Mayes said. "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."
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In a bombshell ruling, Arizona's highest court in April voted to restore the Civil War-era law that provides no exceptions for rape or incest and allows abortions only if the mother's life is in jeopardy. The law carries a sentence of two to five years in prison for anyone who assists in an abortion.
Earlier this month, the Arizona Legislature voted to repeal the law, but it will not take effect until 90 days after lawmakers wrap up their current legislative session.
Planned Parenthood Arizona CEO Angela Florez welcomed the delay, saying the organization "will continue to provide abortion care through 15 weeks of pregnancy and we remain focused on ensuring patients have access to abortion care for as long as legally possible."
Alliance Defending Freedom, the anti-abortion group that argued to revive the law, lamented the Arizona Supreme Court's most recent decision but pledged to keep fighting.
"Arizona's pro-life law has protected unborn children for over 100 years, and while we are deeply saddened by the legislature's recent vote to repeal the law, it won't take effect immediately, as the legislature intentionally decided," Jake Warner, the group's senior counsel, said in a statement.
"And though the court paused its judgement, we will continue working to protect unborn children and promote real support and health care for Arizona families."
Update 5/14/24, 7:17 a.m. ET: This article was updated with additional information.
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