Emotions ran deep outside the courtroom where hundreds of women's rights activists, some draped in red-stained sheets, shouted "Abortion is health care!" Anti-abortion activists also arrived in large numbers and chanted slogans
AFP

The Arizona Supreme Court opted to hold off enforcement of the 1864 abortion ban, stated in an order that was filed on Monday. The order also paves the way for a 90-day stay that the state attorney general requested.

Last May, Gov. Katie Hobbs (D-Ariz.), signed legislation that repeals the Civil War-era abortion ban. However, the repeal of the law will not be taking effect until after 90 days from the end of the legislative session. At present, the state's legislature is still in session, which means that the 1864 abortion ban could still take effect even for a short period of time.

The 1864 abortion ban will not be enforced up to Aug. 12, pursuant to the decision of the Arizona Supreme Court. Hence, according to CNN, the Attorney General of Arizona Kris Mayes may consider filing a petition for certiorari to the U.S. Supreme Court, as another stay of the said enforcement could be filed again.

In a press release, Mayes said that she was "grateful that the Arizona Supreme Court has stayed enforcement of the 1864 law" and for granting their motion to stay the mandate in the case for another 90 days.

"During this period, my office will consider the best legal course of action to take from here, including a potential petition for certiorari to the U.S. Supreme Court," Mayes emphasized.

Pursuant to the court order, the earliest the 1864 abortion ban could take effect would be Sept. 26. This date takes into consideration the 90-day stay granted by the court plus another 45 days that was stipulated in the separate Isaacson vs. Arizona case.

Aside from this, Mayes also promised to do everything that she can to ensure that doctors will be able to provide medical care for their patients, to the best of their judgment, underscoring that such will not rely on the beliefs of men who were elected to the legislature more than a 160 years ago.

Planned Parenthood Arizona, the largest sexual health organization in the state, also filed a motion in court to stay the enforcement of the 1864 abortion ban until the day that the repeal of the law would take effect. However, it was denied by the court.

The repeal of the 1864 law would be deemed a victory for advocates of abortion rights. For many years, they have tried to overturn the 1864 law, which bans abortion in all stages of pregnancy, with the sole exception of saving the mother's life. Under the law, abortion providers risk going to prison for two to five years.