Another Democratic law enforcement official has declared she won’t enforce a law she doesn’t agree with.
Arizona Attorney General Kris Mayes declared earlier this week that she won’t enforce the state’s 1864 law banning most abortions following a state Supreme Court decision upholding the statute.
“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans,” Mayes said in a statement. “The Arizona Court of Appeals decision, which the Supreme Court has struck down, was well reasoned and aligned with how courts harmonize different legislation.”
[The] 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,” she continued. “This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. 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.”
The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. pic.twitter.com/swEqJREVVS
— AZ Attorney General Kris Mayes (@AZAGMayes) April 9, 2024
In 1864, a law was enacted which prohibited all abortions, except in cases where the mother’s life was in danger. The law also imposed a penalty of two to five years of imprisonment for abortion providers.
In December, the justices of the court heard arguments in the case of Planned Parenthood of Arizona v. Mayes/Hazerigg. The court was asked to determine whether Arizona’s 15-week abortion limit, which was passed in March 2022, supersedes the older law.
On Tuesday, the court issued a 4-2 decision (with one recusal) stating that the 1864 law is enforceable even over the newer 15-week limit, without ruling on the constitutionality of the 1864 law.
“We consider whether the Arizona Legislature repealed or otherwise restricted [the old law] by enacting … the statute proscribing physicians from performing elective abortions after fifteen weeks’ gestation,” Justice John Lopez wrote for the majority opinion. “This case involves statutory interpretation—it does not rest on the justices’ morals or public policy views regarding abortion; nor does it rest on [the old law’s] constitutionality, which is not before us.”
“Absent the federal constitutional abortion right, and because [the fifteen-week limit] does not independently authorize abortion, there is no provision in federal or state law prohibiting [the 1864 law’s] operation. Accordingly, [the 1864 law] is now enforceable,” Lopez continued.
The Arizona Supreme Court upheld a lower court’s ruling to lift an injunction against the near-total ban, but temporarily suspended full enforcement of the law for 14 days to provide parties with an opportunity to determine their next steps. Additionally, the state’s highest court returned the case to the trial court for potential review of any remaining constitutional objections, Breitbart News reported.
