Arizona Democrats attempt to repeal the state’s 19th century abortion ban

For a third straight week, Democrats at the Arizona Legislature are attempting Wednesday to repeal the state’s near-total ban on abortions, again spotlighting an issue that has put Republicans on the defensive in a battleground state for the presidential election.

Republicans have used procedural votes to block earlier repeal efforts, each time drawing condemnation from Democratic President Joe Biden, who has made his support for abortion access central to his campaign for reelection.

Arizona Republicans have been under intense pressure from some conservatives in their base, who firmly support the abortion ban, even as it’s become a liability with swing voters who will decide crucial races including the presidency, the U.S. Senate and the GOP’s control of the Legislature.

The vote comes a day after Biden said former President Donald Trump, his presumptive Republican rival, created a “healthcare crisis for women all over this country,” and imperiled their access to health care.

The Arizona Supreme Court concluded the state can enforce a long-dormant law that permits abortions only to save the pregnant patient’s life. The ruling suggested doctors could be prosecuted under the law first approved in 1864, which carries a sentence of two to five years in prison for anyone who assists in an abortion.

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A week ago, one Republican in the Arizona House joined 29 Democrats to bring the repeal measure to a vote, but the effort failed twice on 30-30 votes. Democrats are hoping one more Republican will cross party lines on Wednesday so that the repeal bill can be brought up for a vote. There appears to be enough support for repeal in Arizona Senate, but a final vote is unlikely May 1.

The law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.

After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts. Brnovich’s Democratic successor, Attorney General Kris Mayes, urged the state’s high court against reviving the law.

Mayes has said the earliest the law could be enforced is June 8, though the anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court’s decision becomes final, which is expected to occur this week.

If the proposed repeal wins final approval from the Republican-controlled Legislature and is signed into law by Democratic Gov. Katie Hobbs, a 2022 statute banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law.

Planned Parenthood officials vowed to continue providing abortions for the short time they are still legal and said they will reinforce networks that help patients travel out of state to places like New Mexico and California to access abortion.

This past summer, abortion rights advocates began a push to ask Arizona voters to create a constitutional right to abortion.

The proposed constitutional amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It also would allow later abortions to save the parent’s life, or to protect her physical or mental health.

Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.

A leaked planning document outlined the approaches being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they’re pregnant.

House Republicans have not yet publicly released any such proposed ballot measures.