Republican state lawmakers, facing increasing pressure to strike down a near-total abortion ban reinstated by the Arizona Supreme Court last week, are planning a vote this fall to enshrine the right to abortion in the Arizona Constitution. The Arizona Legislature is considering efforts to override the bill, it said in a presentation obtained by the Arizona Legislature. New York Times.
The 1864 Act, which is expected to take effect in the coming weeks, bans nearly all abortions and mandates prison sentences of two to five years for providing abortion care. The proposed abortion rights ballot measure, known as the Arizona Abortion Access Act, would specify the right to an abortion before the term of viability, or about 24 weeks. Supporters of the bill say they have already collected enough signatures to put the question on the ballot ahead of the July 3 filing deadline.
Republicans in Congress are under great pressure to overturn or at least modify the 1864 Prohibition. Former President Donald J. Trump, the national standard-bearer of the Republican Party, intervened directly Friday, calling on Republican lawmakers to “act immediately” to change the law in a frantic post online. Kari Lake, a Trump ally in Arizona who is running for the Senate, is also calling for the 1864 law, which she once praised, to be overturned.
Abortion rights have been a winning message for Democrats since the Supreme Court overturned Roe v. Wade in 2022 with three Trump-appointed justices. And even though it's an objectively unpopular aspect of the White House's legacy, Trump repeatedly boasted that he was personally responsible for overturning Roe.
But Arizona Republicans are already resisting efforts to repeal the 160-year-old law, raising the possibility of another floor fight over the impending ban in the state Legislature, which is scheduled to convene Wednesday. We are prepared. Plans circulated among Republican lawmakers suggest the caucus is considering other measures that would distract from the 1864 law.
A presentation for Republican state legislators written by Lynley Wilson, general counsel for the Republican majority in the Arizona Legislature, said the Republican-controlled Legislature would weaken the voting system known as AAA by introducing competing constitutional amendments. Several methods have been proposed that may do this. On ballots that would restrict abortion rights even if the proposed ballot measure were successful.
The plan “changes the narrative — Republicans have a plan!” the document says. He added that the plan would “put Democrats on the defensive to oppose partial abortion, discriminatory abortion, and other fundamental protections.”
One proposal would have Congress send to voters two other ballot initiatives that would “compete” with and “draw votes from” the AAA Ballot Act. Ballot measures for constitutional amendments, like AAA ballot measures, can be proposed through petitions or through state legislatures, and if the document is filed before the AAA vote, voters will be required to vote Republican on the ballot. Measures that suggest that the measures may be read first.
One of the Republican ballot plans outlined in the presentation would have enacted a ban on abortions after the fifth week of pregnancy, except in cases of rape, incest, or medical necessity. Another voting option proposes a ban after 14 weeks of pregnancy. According to the presentation, the bill's language was intentionally written to mislead voters about exactly when abortion would become illegal.
For example, the second option is known as the “15-Week Reproductive Health and Abortion Act.” But “in reality,” according to the presentation, “this is a 14-week law masquerading as a 15-week law because abortions are only allowed up to the beginning of the 15th week.” Similarly, the five-week abortion ban would make abortion illegal “after the sixth week of pregnancy.”
An alternative to these two options is to file a ballot measure that would only go into effect if the AAA ballot measure also passes. The plan, known as “conditional legislation,” would require the state constitution to state that the right to abortion in the AAA voting law “is not absolute and shall not be construed to prevent the Legislature from regulating abortion in the future.” It inserts a statement that declares, “. That would include language used by anti-abortion activists that refers to “prenatal life preservation” and “fetal pain relief.”
Arizona House Speaker Ben Toma acknowledged the document's authenticity, saying in a statement that it “presents ideas drafted for internal discussion and consideration within the caucus.” I have publicly stated that I am considering options to address this issue, and this is simply part of that. ”
State Sen. Anna Hernandez said in a statement that she and other Democrats will continue to work toward repealing the 1864 law, calling the Republican proposal a policy “based on an arbitrary number of weeks with no factual basis.” “It was deliberately designed to confuse voters,” he said. in the fields of science and health care. ”
Dawn Pennich, a spokeswoman for Arizona Abortion Access, the liberal coalition organizing the AAA ballot measure, said in a statement that the Republican presentation “refuses the ability of Arizonans to leave their most fundamental and individual rights in the hands of politicians.” “We are once again showing why.” ”
Kate Zernike I contributed a report from New York.