The Arizona Senate on Wednesday repealed a near-total abortion ban after the state's Supreme Court ruled earlier this month that the ban enacted in 1864 was still enforceable.
The state Senate passed the repeal in a 16-14 vote with two Republicans voting to repeal the near-total ban. The state House voted to repeal the ban last week, and Democratic Governor Katie Hobbs is expected to sign the repeal immediately.
Despite the repeal, state Attorney General Kris Mayes said the near-total abortion ban will still go into effect as early as June 27. The ban's repeal, once signed by Hobbs, will not go into effect until 90 days after the current legislative session ends.
Arizona's legislative session doesn't have a specific end date. In recent years, the session has ended in late June. However, in 2023, the session didn't end until August. The 1864 ban could stay in effect through the summer and fall.
The Context
The Arizona Supreme Court ruling earlier this month immediately sparked outrage from Democrats who support abortion rights and concerns from some Republicans that the restrictive law could be a liability in the November election.
Despite former President Donald Trump calling on Arizona lawmakers to get the ban "straightened out," Republicans blocked two previous efforts to repeal the law in the state House earlier this month.
On April 24, three Republicans joined with all 29 Democrats in the Arizona House to pass the repeal.
What We Know
The archaic Arizona law went unenforced for decades in the state after the U.S. in 1973 created federal protections for abortion rights in its Roe v. Wade ruling. Following the court's overturning of that precedent in 2022, numerous states have similarly enacted or revived past anti-abortion legislation.
Republicans T.J. Shope and Shawnna Bolick joined the Democratic-led repeal effort in the Arizona Senate, which gave Democrats the necessary votes.
Bolick is married to one of the state Supreme Court justices, Clint Bolick, who voted to reinstate the 1864 law in a 4-2 vote.
Newsweek reached out to Shope and Bolick, along with the Arizona GOP, via email on Wednesday afternoon.
Views
Heather Williams, President of the Arizona Democratic Legislative Campaign Committee, issued a statement after Wednesday's Senate vote:
"Make no mistake: Democrats' fierce persistence against weeks of Republican obstruction is the only reason the 1864 ban was repealed and this shows a clear contrast in leadership. As Republicans regroup to defend their 15-week ban and work to undermine the upcoming abortion ballot measure in Arizona, we are focused on flipping the two seats in each chamber that will deliver Democratic majorities in Arizona's legislature," the statement read.
Earlier this month, Fox News host Sean Hannity told Arizona lawmakers to remove the 1864 ban.
"The people on the left are so desperate, attacking Trump now for an Arizona Supreme Court ruling that upholds what is a Civil War-era law banning abortion. This will be fixed in the next week or two. Let not your heart be troubled. I can pretty much assure that will happen," he said on Wednesday's episode of his eponymous Fox News show.
"Trump opposes the law and this ruling... And you know what? Arizona's governor is a Democrat. The state's attorney general is a Democrat. The state legislature is almost evenly divided. If Democrats—you want to get rid of the law, well, you have a chance right now to get rid of it. And I would advise you, get rid of it."
"They would rather use it as a political tool ahead of November," Hannity said, suggesting Democrats would try to use the decision against Trump, who is the presumptive Republican presidential nominee.
What's Next?
An initiative to enshrine abortion rights in the Arizona state constitution may be headed to the ballot in November, which some experts have suggested could inspire a surge in Democratic voter turnout.
Update: 5/1/2024, 4:31 p.m. ET: This story has been updated with additional information.
Uncommon Knowledge
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Gabe Whisnant is Deputy Weekend Editor at Newsweek based in South Carolina. Prior to joining Newsweek in 2023, he directed ... Read more
