Arizona State Senate Repeals 1864 Abortion Ban

[lees1975]

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Source: Sierra Vista Herald Review, Sierra Vista, Arizona

State senators voted Wednesday to repeal the 1864 abortion law, leaving just a procedural move to send it to the governor for her anticipated signature. The 16-14 vote came after the coalition of all Democrats and two Republicans defeated various procedural motions designed to preclude final action on the measure approved a week earlier by the House on a 32-28 vote.

But even when Hobbs signs the legislation -- an aide said that is likely to come Thursday -- it still does not mean the law immediately goes away, a move that would leave only a more recent law allowing abortion until the 15th week of pregnancy. That's because the repeal, like most measures, cannot take effect until the 91st day after the Legislature finally adjourns for this year. But with key issues unresolved, including the budget and additional aid for K-12 education, there are at least several weeks before that is set to occur.

That means the law, which dates to territorial days, would still be in place when there is a final order from the Arizona Supreme Court on its April 9 order declaring the older law trumps the newer 15-week limit.

Attorney General Kris Mayes figures that the Supreme Court ruling that the old law and its ban on abortion except to save the life of the mother trumps a more recent 15 week law is set to take effect on June 27. Mayes on Wednesday asked the justices to delay the effective date of their ruling for up to an additional 90 days so she can weigh whether there is a legal reason to seek review by the U.S. Supreme Court. But there is no guarantee they will grant her request.

Read more: https://www.myheraldreview.com/news/state/state-senate-repeals-1864-abortion-ban/article_aff6dbe6-07f8-11ef-b612-e36213d9f88d.html

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It's kind of up in the air exactly what this repeal will do. The best explanation, in understandable terms, is that when the state supreme court ruled that this 1864 law was still enforceable following the Dobbs decision, that nullified a more recent law which forbids abortion beyond the 15th week of pregnancy. So repealing this law, in effect, will leave Arizona without a law restricting abortions once the legislature adjourns from its current session, a few months from now.

The Republicans have a very narrow majority in the Arizona legislature, and it is quite possible that this particular issue will turn it blue the next time around. Voter registration and recent trends suggest that's the case. So there are some Republicans in very marginal districts in the bigger counties who see a pro-choice position as a means of saving their job.