Arizona's attorney general said she will work to alleviate the effects of the Civil War-era abortion prohibition the Supreme Court upheld this week.
After the court upheld the 1864 near-total abortion ban Tuesday, Democratic Attorney General Kris Mayes told NBC News in an in-person interview on Thursday that her office is considering refusing to prosecute abortion providers and patients and helping Arizona doctors obtain licenses in other states.
The 1864 Arizona legislation banned abortion from conception, except to preserve the woman's life. It made abortion a criminal punishable by two to five years in prison for those who performed or assisted in abortions. A lower court's conclusion that a 15-week prohibition trumped the law was overturned Tuesday.
The California Supreme Court postponed its verdict for 14 days on Tuesday to allow a lower court to hear “additional constitutional challenges.” Reproductive rights groups have two weeks to appeal the verdict. In another lawsuit, abortion doctors might continue to give services until the 15th week of pregnancy until May.
While Dr. Ronald Yunis of Acacia's Women Center in Phoenix appreciates Mayes' assurance, he and other abortion providers may not be able to treat patients without fear of prosecution. “It’s still against the law,” Yunis said. ‘If it’s illegal, I cannot’ perform abortions.
When asked about those concerns Thursday, Mayes said her office will use the 45 days to fight the prohibition to prevent its implementation. She said she will work with Arizona providers to get them licensed to offer care in California until voters decide on a referendum issue to constitutionalize abortion rights this autumn.
Tuesday's verdict is the latest setback for abortion rights since the Supreme Court reversed Roe v. Wade in 2022. Half the states said they would limit abortion access if Roe v. Wade was overturned.
Since then, nearly two dozen states have banned abortions or severely restricted access, sparking legal challenges. Arizona reproductive rights groups and campaigners have protested across the state since the verdict while abortion providers decide how to proceed.
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