Democratic Attorney General Kristin Mayes of Arizona made an announcement on Tuesday, stating that she will not uphold a ruling from the state’s supreme court that supports a law from 1864, which prohibits most abortions. The Arizona Supreme Court recently ruled that a law criminalizing abortions, except in cases where it is necessary to save the mother’s life, can be enforced based on the U.S.
Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022. This decision declared that there is no constitutional right to an abortion. Mayes, who was involved in the case, released a statement on X, condemning the ruling and assuring that her prosecutors will not enforce the law against doctors and women seeking abortions.
“[L]et 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,” wrote Mayes. “Today’s decision to re-impose 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.”
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
“Absent the federal constitutional abortion right…there is no provision in federal or state law prohibiting [the 1864 law]’s operation. Accordingly, [it] is now enforceable,” wrote Justice John R. Lopez.
Despite the fact that all the judges on the court were appointed by Republican governors, Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer expressed their disagreement with the ruling. The Arizona House of Representatives, led by Republican officials who have the authority to impeach government officials according to the state constitution, have not yet provided a response to the comment request.