PHOENIX — Arizona’s attorney general says she will do everything she can to mitigate the impacts of the Civil War abortion ban, which the state Supreme Court ruled was enforceable this week.
Attorney General Kris Mayes, a Democrat, told NBC News in a one-on-one interview Thursday that her office is declining to prosecute abortion providers and patients and to help Arizona doctors obtain licenses in other states after the court ruled in favor of the 1864 law. near-total ban on abortion on Tuesday.
“I completely understand the fear that doctors, pharmacists and nurses are having right now, given the knowledge that we are moving towards the potential implementation of this 1864 ban,” Mayes said. “That’s why I’m working with other states on pathways to potentially get them into those states to practice medicine in the near term. One of my visions is that we could potentially have a safe haven in California for our doctors, nurses and abortion providers.”
The 1864 Arizona law prohibited abortion from the moment of conception, with an exception to save the woman’s life. It made abortion a crime punishable by two to five years in prison for anyone who obtained an abortion or helped a person obtain one. Tuesday’s ruling effectively overturns a lower court’s ruling that a recent 15-week ban superseded the law.
The state Supreme Court said Tuesday it would stay its ruling for 14 days so a lower court could consider “additional constitutional challenges.” Reproductive rights advocates can appeal the decision within two weeks. Meanwhile, a separate, ongoing process would allow abortion providers to continue providing services through the 15th week of pregnancy, through the end of May.
Shortly after the ruling, Mayes said in a statement: “As long as I am attorney general, no woman or doctor will be prosecuted under this draconian law in this state.”
She said Thursday: “I was elected for this moment. It’s about freedom and our ability to control our own bodies. And then we will do whatever it takes to achieve that.”
Abortion providers like Dr. Ronald Yunis of Acacia’s Women Center in Phoenix said that while they appreciate Mayes’ promise, it may mean little to doctors like him, who would not be legally allowed to treat patients without fear of arrest. “It’s still against the law,” Yunis stressed. “If it’s illegal, I can’t” perform abortions.
Asked about these concerns on Thursday, Mayes said her office will use the 45 days to fight the ban so that it is never implemented. She said she will work with Arizona providers to get them licensed to provide health care temporarily in California until voters can weigh in on a ballot measure to enshrine the right to abortion in the state constitution this fall.
“I understand a doctor saying, ‘I can’t do this, I have to support my family, I don’t want to lose my license, I don’t want to go to prison for two to five years,’” Mayes acknowledged. “My message to them is that I will do everything I can to fight for you as Arizona’s attorney general.”
California Governor Gavin Newsom, a Democrat, he said that his state “remains ready to help Arizonans access reproductive health care.” In a statement issued by his office, spokesman Brandon Richards said California has been preparing for an influx of patients needing reproductive health care since before. Roe v. Wade was knocked down.
“We are also working closely with the Arizona governor’s office to ensure Arizonans know that California has their backs and resources available if they seek care in our state,” the statement reads.
Tuesday’s ruling is the latest setback for abortion rights since the Supreme Court in 2022 overturned the landmark Roe v. Wade decision. Wade, which guaranteed the constitutional right to abortion. Before the decision, about half of the states indicated they would limit access to abortion if Roe v. Wade. Wade was nullified. Since then, nearly two dozen have banned abortions or severely restricted access, setting off a wave of legal challenges in states. Arizona reproductive rights groups and advocates have protested across the state since the ruling, as abortion providers struggle with how to move forward.
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