Phoenix/ Politics & Govt
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Published on May 02, 2024
Arizona Scraps Civil War-Era Abortion Law, AG Mayes Pushes for Swift Enactment to Avoid Legal LimboSource: X/AZ Attorney General Kris Mayes

In a historic move, the Arizona Senate has voted to scrap a law from the Civil War era that banned abortions in the state. Attorney General Kris Mayes celebrated the decision, calling it a "win for freedom" in Arizona. However, the absence of an emergency clause in the repeal means there could be a delay before the law is officially annulled, leaving a window where the antiquated regulation might still apply.

According to a statement released by Mayes's office, she is urging Governor Hobbs to sign the repeal swiftly. Despite this progressive step, Mayes warned that "the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year", a situation she pledges to fight against, even as her office looks for workarounds to prevent the old law from being enforced in the meantime.

The 1864 statute in question made performing or undergoing an abortion illegal, except when necessary to save the mother's life. The law had been largely forgotten until last year's federal changes to abortion rights, which returned the authority to regulate abortions to the states, reigniting the relevance of such long-dormant statutes.

Advocates for reproductive rights have lauded the Senate's move, noting it as a necessary step towards ensuring women have control over their own bodies. Nevertheless, there is an undercurrent of urgency to enact the repeal fully to avoid potential legal confusion and restrictive interim measures. As Attorney General Mayes mentioned in the release, her office is prepared to exhaust "every option available" to guarantee the defunct ban doesn't resurface, even fleetingly.