Arizona House passes bill to repeal 1864 abortion ban

By Jacques Billeaud and Jonathan J. Cooper | Associated Press

PHOENIX — A proposed repeal of Arizona’s near-total ban on abortions won approval from the state House Wednesday after two weeks of mounting pressure on Republicans over an issue that has bedeviled former President Donald Trump’s campaign to return to the White House.

Three Republicans joined in with all 29 Democrats Wednesday to repeal a law that predated Arizona’s statehood and provides no exceptions for rape or incest. If the Senate approves as expected, Arizona would allow abortions up to 15 weeks.

Their political ambitions imperiled by widespread opposition to a near-total abortion ban, Trump and U.S. Senate candidate Kari Lake had urged Arizona lawmakers to ease the restrictions. But until Wednesday, most state House Republicans repeatedly used procedural votes to block repeal, each time drawing condemnation from Democratic President Joe Biden, who has made his support for abortion rights central to his reelection campaign.

“Make no mistake, Arizonans are living in 1864 now because Donald Trump dismantled Roe v. Wade,” Democratic state Sen. Priya Sundareshan of Tucson said in a news conference before the vote organized by the Biden campaign and the Arizona Democratic Party.

The repeal vote comes a day after Biden said Trump created a “health care crisis for women all over this country,” by imperiling their access to care. White House press secretary Karine Jean-Pierre said the vote is a sign that “we’re moving forward in the right direction.”

Arizona is one of a handful of battleground states that will decide the next president. Trump, who has warned that the issue could lead to Republican losses, has avoided endorsing a national abortion ban but said he’s proud to have appointed the Supreme Court justices who allowed states to outlaw it.

Dozens of people gathered outside the state Capitol before the House and Senate were scheduled to meet, then filled seats in the public gallery as lawmakers voted, many of them carrying signs or wearing shirts showing their opposition to abortion rights.

Arizona Republicans have been under intense pressure from some conservatives in their base, who firmly support the abortion ban, even as it’s become a liability with swing voters who will decide crucial races including the presidency, the U.S. Senate and the GOP’s control of the Legislature.

“I am disgusted today,” said Republican Rep. Rachel Jones, who voted against repeal. “Life is one of the tenets of our Republican platform. To see people go back on that value is egregious to me.”

State Rep. Matt Gress, one of the three Republicans who crossed party lines to support the repeal measure, said in a statement that the near-total abortion ban was “unworkable and out of line with the values of Arizonans.” GOP Rep. Tim Dunn said counterintuitively that his vote in favor of repeal was “the most pro-life vote I could possibly make” because, he said, backlash to the total ban would lead voters to support abortion even after 15 weeks.

The other Republican who supported the repeal measure, state Rep. Justin Wilmeth, didn’t return an email and phone call seeking comment on the vote.

California Gov. Gavin Newsom and several lawmakers said Wednesday they’ll push for legislation temporarily allowing Arizona doctors to perform abortions for their own patients in the neighboring state.

The Arizona Supreme Court concluded this month that the state can enforce a long-dormant law that permits abortions only to save the pregnant patient’s life. The ruling suggested doctors could be prosecuted under the law first approved in 1864, which carries a sentence of two to five years in prison for anyone who assists in an abortion.

The law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.

After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts. Brnovich’s Democratic successor, Attorney General Kris Mayes, urged the state’s high court against reviving the law.

Mayes has said the earliest the law could be enforced is June 8, though the anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court’s decision becomes final, which is expected to occur this week.

If the proposed repeal wins final approval from the Republican-controlled Legislature and is signed into law by Democratic Gov. Katie Hobbs, a 2022 statute banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law. Even so, there would likely be a period where all abortion is outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in mid-summer.

Planned Parenthood officials vowed to continue providing abortions for the short time they are still legal and said they will reinforce networks that help patients travel out of state to places like New Mexico and California to access abortion.

This past summer, abortion rights advocates began a push to ask Arizona voters to create a constitutional right to abortion.

The proposed constitutional amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It also would allow later abortions to save the parent’s life, or to protect her physical or mental health.

Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.

A leaked planning document outlined the approaches being considered by House Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they’re pregnant.

House Republicans have not yet publicly released any such proposed ballot measures.