The Arizona Senate successfully introduced a bill to repeal the state’s 160-year-old abortion ban after a similar effort failed in the House of Representatives. Two Republican state senators, T.J. Shope and Shawnna Bolick, sided with Democrats to allow the bill to move forward, and it must still go through the full legislative process in the Senate before potentially moving to the House. The bill required a special vote due to being filed after the legislature’s normal deadline, and must be considered for three days before a final vote.
The state Supreme Court recently revived the Civil War-era law, stating that the 2022 decision by the US Supreme Court to overturn Roe v. Wade left nothing to block the state law from being enforced. Failed efforts by the Arizona legislature to repeal the ban have caused frustration among abortion rights activists, Democrats, and GOP candidates in competitive races. Some Republicans, including former President Donald Trump and US Senate candidate Kari Lake, have called for a more moderate approach by the GOP-controlled legislature and Democratic Governor Katie Hobbs.
In the state House, a bill to repeal the 1864 ban on abortions was not discussed after two failed attempts. Lawmakers voted not to bring the bill to the floor, with the votes evenly split and the chair making the tie-breaking decision. House Speaker Ben Toma emphasized during the debate the importance of not rushing through the legislative process to repeal a law that has been enacted and affirmed multiple times. The bill itself was not voted on in the House.
If the 1864 law is repealed, Arizona would revert back to a 15-week abortion restriction signed into law in 2022 by then-Governor Doug Ducey. The state court has delayed enforcement of the ban for at least 14 days to allow plaintiffs to challenge it, ensuring that abortions are still permitted in the state. The current ban only allows the procedure to save the life of the pregnant person and threatens providers with prison sentences ranging from two to five years. If the 1864 law goes into effect, Arizona would join 14 other states in passing near-total abortion bans, some of which have no exceptions for victims of rape or incest.
