UPDATE AS OF MAY 13, 2024 –
We are pleased that on Monday May 13, the Arizona Supreme Court stayed enforcement of the 1864 law and granted the AG’s motion to stay the mandate in this case for another 90 days. During this period, we will continue to consider the best legal course of action. Under the recent Arizona Supreme Court stay (90 days from 5.13 to 8.12) and the binding order in Isaacson (45 days from 8.12 to 9.26), the earliest the 1864 law can take effect is now September 26, 2024.
This means pregnant persons in Pima County can still obtain, and medical providers in Pima County will not be prosecuted for, providing abortion care in accordance with Title 36 up until September 26, 2024. County Attorney Laura Conover continues to analyze legal options in consult with State and national-level experts to continue to plan for what comes after this fall.
PCAO Reply Document
On April 9, 2024, the Arizona Supreme Court issued a decision in Planned Parenthood Arizona v. Hazelrigg. The Supreme Court ruled that the territorial-era abortion ban in A.R.S. § 13-3603 controls over more recent laws in Title 36 permitting abortions up to 15 weeks. The Supreme Court stayed enforcement of § 13-3603 for 14 days after the date of the decision.
However, in another lawsuit regarding the ban (Isaacson v. State), the court previously ordered a moratorium on § 13-3603’s enforcement until 45 days after the Arizona Supreme Court issues the mandate (the final order in the case) in Planned Parenthood v. Hazelrigg. That court order prevents the State from enforcing § 13-3603 “in any manner against any person” during this moratorium period, and also prevents the State from retroactively prosecuting “any person under A.R.S. § 13-3603 for conduct during the enforcement moratorium period.”
The Arizona Supreme Court has not issued the mandate in Planned Parenthood v. Hazelrigg. Under the Court’s procedural rules, the mandate shall issue 15 days after a decision—here, April 24, 2024. And under the binding court order in Isaacson, the State cannot enforce the ban against any person for 45 days from that date—i.e., until June 8, 2024.
This means pregnant persons in Pima County can still obtain, and medical providers in Pima County will not be prosecuted for, providing abortion care in accordance with Title 36 up until June 8, 2024. County Attorney Laura Conover continues to analyze legal options in consult with State and national-level experts to plan for what comes after June 8.
