When Arizona's new abortion measure will take effect

Arizona voters overwhelmingly approved Proposition 139, which will enshrine abortion rights in the state constitution.

Yes, but: It could be a while before the protection fully kicks in.

Why it matters: The many Arizona laws that currently ban or limit abortions — namely, the state's current 15-week ban — will not automatically be enjoined when the constitutional amendment takes effect later this month, ACLU of Arizona legal director Jared Keenan told Axios.

• Instead, supporters will have to challenge those laws in court and have a judge rule them unenforceable or hope the Legislature repeals them when it reconvenes in January.

State of play: When enacted, the new amendment will allow abortions up to fetal viability (about 24 weeks).

• Abortions will be permitted past that point to "protect the life or physical or mental health" of the mother.
• The measure also prohibits any law penalizing a person who helps someone get an abortion.

How it works: Gov. Katie Hobbs will certify the election results sometime after the Nov. 25 canvass deadline.

• After that, the ACLU and other groups will file lawsuits in county superior courts asking judges to rule the existing abortion restrictions unconstitutional under the new amendment.
• Keenan said the 15-week ban will be the first priority and, because of its clear contradiction with the 24-week limit in Prop. 139, he's hopeful the courts will rule quickly.

Between the lines: Arizona's abortion law is murky between Prop. 139's effective date and the date a judge enjoins the 15-week ban.

• Technically, the constitutional amendment would be the law of the land, but a county attorney could still charge a doctor under the 15-week law until it is enjoined, Keenan said.
• The possibility of prosecution is why abortion rights groups want to quickly erase old laws from the books, he said.

What's next: Arizona for Abortion Access spokesperson Chris Love said there are more than 40 state laws that limit abortion, including a required 24-hour waiting period for services and prohibition on providing abortion medication via telehealth.

• Love said she believes many of those restrictions fly in the face of the new fundamental right to abortion and said a coalition of reproductive rights groups is working to prioritize which laws they will try to have repealed or enjoined over the next many months.

What we're watching: Prop. 139 was passing with more than 60% of the vote as of Thursday afternoon, showing that many voters who supported President-elect Trump also voted for abortion rights.

• Athena Salman, Arizona director of campaigns for Reproductive Freedom for All, said she sees the overwhelming victory as a "mandate" from voters that she will use to push for more abortion and contraception access this legislative session, regardless of the Legislature's party makeup.

The other side: "The fight against extreme abortion laws will continue," said the It Goes Too Far campaign, which opposed Prop. 139, in a statement.