Arizona House advances repeal of 1864 near-total abortion ban to the Senate

By Jacques Billeaud and Jonathan J. Cooper, Associated PressAbortion rights supporters gather outside the Arizona Capitol, April 17, 2024, in Phoenix.

Republicans had repeatedly used procedural votes to block earlier repeal efforts, each time drawing condemnation from Democratic President Joe Biden, who has made his support for abortion rights central to his reelection campaign. The breakthrough came Wednesday when a second Republican joined all Democrats in voting to overrule GOP House speaker, who has steadfastly blocked repeal. A third Republican joined to support repeal.

“Make no mistake, Arizonans are living in 1864 now because Donald Trump dismantled Roe v. Wade,” said Democratic state Sen. Priya Sundareshan of Tucson. The repeal effort comes a day after Biden said Trump created a “health care crisis for women all over this country,” by imperiling their access to care.Dozens of people gathered outside the state Capitol before the House and Senate were scheduled to meet, many of them carrying signs or wearing shirts showing their opposition to abortion rights.

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 hoping one more Republican will cross party lines on Wednesday so that the repeal bill can be brought up for a vote. There appears to be enough support for repeal in Arizona Senate, but a final vote is unlikely May 1.

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

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