Topline
The Arizona Senate secured the votes needed Wednesday to repeal a Civil War-era abortion ban the state Supreme Court controversially reimplemented in April, paving the way for the reversal to officially become law as Democratic Gov. Katie Hobbs has said she plans to sign the legislation.
Key Facts
Two Republicans joined 14 Democrats in voting to reverse the Supreme Court decision, though the tally had yet to be finalized as of 4 p.m. ET.
The vote comes after the GOP-led state House voted last week to repeal the ban, with three Republicans joining Democrats to pass the legislation after two failed attempts.
The reversal comes after the Supreme Court in April ruled that an 1864 law that makes it a felony to perform an abortion, except when the life of the mother is in danger, could be reinstated, circumventing the state’s existing 15-week abortion ban.
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What To Watch For
The repeal, which would effectively reinstate the 15-week ban, would go into effect 90 days after the conclusion of the legislative session, though it’s unclear when that will happen as the legislature does not have a calendar and Republicans could keep the session open to delay implementation of the reversal. The 1864 law is set to take effect on June 27. Democratic state Attorney General Kris Mayes, who has vowed not to enforce the ban, has asked the court to delay the decision for a three-month period. Separately, Arizonans will vote in November on a constitutional amendment that would declare a “fundamental right” to abortion up until fetal viability, or about 24 weeks of pregnancy, superseding both the 1864 law and the 15-week ban.
Key Background
The Arizona Supreme Court issued the 4-2 ruling in response to a request from obstetrician Eric Hazelrigg and Yavapai County Attorney Dennis McGrane asking the court to weigh in following Roe v. Wade’s reversal. The decision prompted bipartisan backlash, including from both President Joe Biden and former President Donald Trump.
Further Reading
Arizona Court Reinstates Civil War-Era Abortion Ban—But Unclear How It’ll Be Enforced (Forbes)
Why Democrats Hope Arizona’s 160-Year-Old Abortion Ban—Reinstated By Supreme Court—Will Help Biden In November (Forbes)
Trump Says He’ll Leave Abortion Up To States—But Biden And Reproductive Rights Supporters Aren’t Buying It (Forbes)
