Abortions in Arizona: What comes next?

Arizona’s abortion law has been up for debate since the United States Supreme Court overturned Roe v. Wade in 2022, leaving the law in the states’ hands.

After the ruling, Arizonans were unsure whether the state would revert to its 1864 near-total abortion ban or fall back onto a 15-week abortion ban, which was signed into law by former Governor Doug Ducey less than a month before the US Supreme Court’s ruling.

In December 2022, an Arizona Appeals Court ruled that the 15-week law may be read in harmony with the 1864 territorial law — meaning abortions could be provided in Arizona before 15 weeks or when it is necessary to save the life of a pregnant person.

The conversation revolving around abortion care was reignited in April 2024 when the Arizona Supreme Court ruled to ban nearly all abortions.

In the weeks that followed, rallies on both sides of the issue were held across the Valley and lawmakers tried multiple times to repeal the 1864 law before successfully doing so on May 1.

Governor Katie Hobbs is expected to sign the repeal on Thursday. However, Arizonans remain in a legal limbo if Hobbs signs the repeal.

Even if Governor Hobbs signs the repeal, there will likely be a period when nearly all abortions will be outlawed.

The Arizona Supreme Court has yet to issue its final order, or mandate, in the Planned Parenthood of Arizona vs. Mayes/Hazelrigg case, which can be issued as early as May 13. The law cannot be enforced until 45 days after the final order is issued. If the court issues its final order on May 13, the 1864 ban can be enforced on June 27.

The repeal, if signed by Governor Hobbs, won’t go into effect for 90 days after the legislative session ends. It’s not yet known when the session will end.

After the Arizona Senate voted to repeal the 1864 statute, Planned Parenthood Arizona filed a motion with the Arizona Supreme Court asking the court not to issue a final order to avoid the period of time in which the 1864 statute would be law.

Attorney General Kris Mayes also filed a motion with the Arizona Supreme Court asking for a stay of the Planned Parenthood v. Hazelrigg mandate for 90 days. The motion was reportedly filed so the AG’s office could have more time to decide whether or not to ask the US Supreme Court to review the state Supreme Court’s decision.

If the Supreme Court denies the motions filed by Planned Parenthood Arizona and Mayes, nearly all abortions could be illegal for months before the repeal takes effect.

Arizonans could also see an abortion measure on the ballot this November after a group has gathered 500,000 signatures. The group says it will know by around August if it will officially be on the ballot.