For a third consecutive week, Democratic lawmakers in the Arizona Legislature are attempting to repeal the state’s near-total ban on abortions, bringing the issue once again to the forefront in a battleground state for the upcoming presidential election.
Republicans have consistently used procedural votes to block earlier repeal efforts, prompting condemnation from President Joe Biden, who has made his support for abortion access a cornerstone of his reelection campaign. However, Arizona Republicans face mounting pressure from some conservative base members who firmly support the abortion ban, even as it becomes a contentious issue with swing voters who will determine crucial races, including the presidency, the U.S. Senate, and the GOP’s control of the Legislature.
The vote follows President Biden’s recent statement criticizing former President Donald Trump, his presumed Republican rival, for creating a “healthcare crisis for women all over this country” by jeopardizing their access to reproductive services.
Outside the state Capitol, dozens of people gathered before the House and Senate convened, many displaying signs or wearing clothing expressing their opposition to abortion rights. The Arizona Supreme Court recently ruled that the state can enforce a previously dormant law that permits abortions only to save the life of the pregnant patient. The ruling suggested that doctors could face prosecution under the law passed in 1864, which carries a sentence of two to five years in prison for anyone assisting in an abortion.
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 hopeful that one more Republican will cross party lines on Wednesday to bring the repeal bill up for a vote. While it appears that there is sufficient support for repeal in the Arizona Senate, a final vote is unlikely on May 1.
The law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision, which established the constitutional right to an abortion nationwide. After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, convinced a state judge that the 1864 ban could be enforced. However, the law has not been enforced while the case progresses through the courts.
Brnovich’s successor, Attorney General Kris Mayes, a Democrat, urged the state’s high court not to revive the law. Mayes indicated that the earliest the law could be enforced is June 8, although the anti-abortion group defending the ban, Alliance Defending Freedom, contends that county prosecutors can begin enforcing it once the Supreme Court’s decision becomes final, expected to occur this week.
If the proposed repeal is approved by the Republican-controlled Legislature and signed into law by Democratic Governor Katie Hobbs, a 2022 statute prohibiting abortions after 15 weeks of pregnancy would become the governing abortion law. Planned Parenthood officials have pledged to continue providing abortions for the brief period they remain legal and said they will strengthen networks that assist patients in traveling out of state for abortion services, such as to New Mexico or California.
This past summer, abortion rights advocates initiated a campaign to request that Arizona voters establish a constitutional right to abortion. The proposed constitutional amendment would ensure abortion rights until a fetus is viable outside the womb, typically around 24 weeks. It would also permit later abortions to save the parent’s life or protect her physical or mental health.
In response, Republican lawmakers are considering placing one or more competing abortion proposals on the November ballot. A leaked planning document revealed approaches being evaluated by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban disguised as a 15-week law by allowing abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many individuals realize they are pregnant. House Republicans have not yet publicly released any such proposed ballot measures.
