Arizona lawmakers expected to push repeal of Civil War-era abortion law through state House

By: CNN

Posted: Apr 24, 2024 11:17 AM EDT

CNN

PHOENIX, Ariz. -- The Arizona House of Representatives is expected to have enough Republican votes to push through a repeal of the state’s Civil War-era abortion law, a Republican source has told CNN.

As of Wednesday morning, there appeared to be enough votes to overcome a procedural hurdle to consider the repeal bill on the House floor and then repeal the 160-year-old near-total ban, according to the source.

The expected legislative action comes after two failed attempts by state lawmakers to bring the bill to the floor last week in a blow to reproductive rights, as well as GOP candidates in competitive races, who have been scrambling to distance themselves from the Arizona Supreme Court decision that roiled state politics earlier this month.

In its ruling, the court revived the 1864 abortion law, saying that the US Supreme Court’s overturning of Roe v. Wade in 2022 left nothing to block it from being enforced.

The law bars all abortions except in cases when “necessary” to save a pregnant woman’s life and carries a prison sentence of two to five years for abortion providers.

If Arizona House lawmakers move to repeal the law, the legislation would then go to the state Senate, where it would swap with a similar repeal bill in that chamber. The state Senate is expected to pass the repeal in early May after additional required readings of the bill.

Republicans hold razor-thin majorities in both the state House and Senate, and Democrats need at least two Republicans in each chamber to vote with them to approve the repeal.

Democratic Gov. Katie Hobbs is expected to sign the repeal legislation if lawmakers advance it to her desk. If a repeal fails, the 1864 law could take effect as early as June 8, making Arizona one of more than a dozen states with near-total bans on the procedure, some with no exceptions for victims of rape or incest.

The state’s abortion ban dates to before statehood, when Arizona was a territory, and it was codified in 1901. It remained in effect until 1973, when it was blocked by a court injunction after Roe v. Wade created a federal constitutional right to an abortion.

A repeal of the 1864 ban would result in Arizona reverting to a 15-week abortion restriction signed into law in 2022 by Republican Gov. Doug Ducey.

Meanwhile, legislative Republicans have also called for a rules committee meeting to discuss adding up to three ballot measures to the November ballot.

CNN previously reported that Arizona Republicans are considering a countermeasure to an existing ballot initiative that would enshrine abortion rights into the state’s constitution. That measure already has enough signatures to reach the November ballot.

In Arizona and elsewhere, Democrats are hoping that voter frustration over draconian abortion laws advanced by Republicans will help them win elections up and down the ticket in November.

CNN’s Arit John contributed to this report