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Arizona Attorney General Kris Mayes files motion to buy more time in Arizona's abortion case

On April 24, the Arizona House voted to repeal the state's abortion ban statute
Arizona Supreme Court
Posted at 3:54 PM, Apr 30, 2024

Attorney General Kris Mayes has 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 to ask the U.S. Supreme Court to review the state Supreme Court's decision to revert to the 1864 near-total abortion ban.

“The Arizona Supreme Court’s decision in the 1864 case relied on a statute that a federal court has enjoined as unconstitutionally vague,” said Attorney General Mayes. “This raises serious federal questions under the Due Process and Supremacy Clauses. My office needs time to thoroughly evaluate these issues before deciding whether or not to ask the United States Supreme Court to review our state court’s decision.”

The state Supreme Court denied a motion for reconsideration by the Attorney General on April 26.

According to the AG's Office, if Mayes determines she will not pursue a review at the U.S. Supreme Court, the office will update the Arizona Supreme Court.

On April 24, the Arizona House voted to repeal the state's abortion ban statute. Three Republicans, Matthew Gress, Justin Wilmeth, and Tim Dunn, joined with all House Democrats in voting yes.

The motion to repeal the ban is headed to the Senate with a vote expected to take place on Wednesday.