Arizona Democratic lawmakers will make a third attempt Wednesday to repeal an 1864 law that made abortion illegal, pushing the Republican-controlled state legislature into a polarizing election-year battle over abortion rights. You will be drawn in again.
Previous attempts to overturn the Civil War-era ban have been chaotic failures as Republican leaders blocked efforts by Democrats and a minority of party members.
Democrats said they are looking for new support this time around and are exploring other tactics to bring the repeal to a vote. But it's unclear whether more Republicans are willing to defy their own leaders and powerful anti-abortion groups and force a vote in the narrowly divided House.
“There's too much time and too many moving parts to reconsider,” said Democratic Rep. Stephanie Stahl Hamilton, who introduced a one-sentence bill to repeal the 1864 law. Her bill has not yet been voted on.
Congress' reluctance to repeal the law, which has galvanized activists and is criticized by many voters as outdated and extreme, has created a rift within the Republican Party. Democratic Attorney General Chris Mays said the measure would not take effect until June 8.
Prominent Republicans, including former President Donald J. Trump, are calling on Congress to repeal the law, hoping to refocus the political debate on immigration and inflation. But influential and staunch opponents of abortion in Arizona are urging Republican state lawmakers not to overturn the ban. They say this is a good law that protects women and babies.
“I'm really glad we got that law,” said state Sen. David Farnsworth, a Republican who opposed the repeal. “Although my stance has been criticized, I have always said I am 100 percent pro-life. I strongly believe in the teachings of the Bible.”
So far, not enough Republicans have backed the process to defy party leaders and force a repeal vote.
Political analysts say Republicans who voted to sidestep leadership not only risk alienating voters in conservative districts as Congress moves toward passing Arizona's annual budget. , said it could jeopardize other priorities as well.
Republican House Speaker Ben Thoma, who voted firmly against the repeal bill last week, said he does not support repealing the law. He has significant power over which bills receive hearings and votes.
“I happen to think abortion is wrong,” Thoma said in an interview last week. “It comes down to, what do I think is right? What is justice? What is ethical? And I made a decision. And I changed my mind. I'm not going.”
Despite repeal efforts stalling in the House, Democrats and a handful of Republicans managed to introduce a similar repeal proposal in the state Senate. Lawmakers say the bill is expected to move forward Wednesday.
On Tuesday, some lawmakers who support repealing the ban said they were calling allies and reaching out to Republicans who might change their votes.
“They say it should be done by tomorrow, but we don't know what's going to happen,” Stahl-Hamilton said. “This is especially frustrating. I don't want to lose my resolve to get this done.”
The battle over the 1864 ban has been ongoing since the state Supreme Court reinstated the ban on April 9, even though Arizona had passed a law allowing abortions up to 15 weeks two years earlier. , involving Arizona politics.
The 1864 law prohibits abortion from the moment of conception unless it saves the mother's life. Rape and incest are no exceptions.
The court temporarily suspended the verdict. This means abortions are allowed to continue under rules in place in Arizona since Roe v. Wade was overturned in 2022. Based on the 1864 law, the law would likely end all abortions if it went into effect, he said.
But there is growing tension and disagreement over exactly when that will be.
Mays said he does not enforce the law. He also said his office is considering other legal issues that could delay implementation beyond June 8.
Mays asked the state Supreme Court on Tuesday night to reconsider the ruling, citing Arizona's 15-week law allowing abortions up to that point.
The conservative Christian group Defending Freedom, which argued in favor of the ban in court, said county prosecutors could begin enforcing the law as soon as this week.
Since Congress only meets once a week, lawmakers and abortion providers are concerned that the window is closing quickly.
“I have a lot of concerns,” said state Sen. Eva Birch, a Democrat and nurse who spoke last month and described how she had to have an abortion to end a non-viable pregnancy. . She said, “It's a scary time to be pregnant in Arizona.”
