The Arizona Senate is set to vote on legislation that would repeal the state's 160-year-old near-total abortion ban. This comes after the state Supreme Court revived the law, sparking a heated debate on reproductive rights.
Democrats are seeking support from two Republicans to pass the repeal. Republican Senators Shawnna Bolick and T.J. Shope have expressed their support for overturning the ban and have previously voted in favor of advancing the repeal legislation.
Last week, three Republicans in the state House joined forces with all 29 Democrats to repeal the law, which prohibits abortion at all stages of pregnancy except to save the life of the mother, with penalties for abortion providers.
If the Senate approves the repeal and Governor Katie Hobbs signs it, the state's 15-week limit on abortions, implemented in 2022 without exceptions for rape and incest, would remain in place.
Republicans, who hold narrow majorities in both the state House and Senate, have been under pressure to repeal the pre-Roe ban, also known as the territorial ban, which dates back to the Civil War era.
Notable Republicans, including former Governor Doug Ducey, former President Donald Trump, and Senate candidate Kari Lake, have urged the legislature to take action to moderate the ban.
If the repeal is successful, the immediate impact on abortion access in the state remains uncertain. The court's decision to revive the pre-Roe ban has been temporarily stayed and would not be enforceable until at least June 27, according to the state's Democratic Attorney General Kris Mayes.
Mayes has requested an additional 90 days from the Arizona Supreme Court to consider appealing the decision to the US Supreme Court. The territorial ban, in effect since 1864 and codified in 1901, was blocked in 1973 following the Roe v. Wade ruling.
For abortion rights advocates, the potential repeal represents a significant victory after years of activism. Democrats have been pushing for the repeal since 2019, aiming to address the unpopularity of the 15-week limit without exceptions for rape or incest.
While Republicans hope that the 15-week limit will be more acceptable to voters and diminish the potency of reproductive rights as a voting issue, Democrats plan to target vulnerable House Republicans over their anti-abortion stances.
Arizona, a key battleground for national elections, faces uncertainty in several races, including two toss-up US House races and competitive state legislature contests that could sway control of the House and Senate.
Abortion rights advocates are also working on a ballot initiative to enshrine abortion rights in the state constitution, despite opposition from anti-abortion groups who have rallied at the state capitol in recent weeks.
Repealing the territorial ban would be a setback for abortion opponents, with some Arizona House members, including House Speaker Ben Toma, expressing disappointment over the potential repeal.
As the debate continues, the outcome of the Senate vote will have far-reaching implications for reproductive rights in Arizona and could shape the political landscape in the state for years to come.
