L864 abortion law to be repealed

• Democrats secured enough votes in the Arizona Senate on Wednesday to repeal a Civil War-era ban on abortions that the state’s highest court recently allowed to take effect.

Voting wasn’t complete but the Senate had the 16 votes it needed to advance the bill.

Fourteen Democrats in the Senate were joined by two Republican votes in favour of repealing the bill, which narrowly cleared the Arizona House last week and is expected to be signed by Democratic Gov. Katie Hobbs.

The near-total ban, which predates Arizona’s statehood, permits abortions only to save the patient’s life — and provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the 1864 law, which says that anyone who assists in an abortion can be sentenced to two to five years in prison.

If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law. Still, there would likely be a period when nearly all abortions would be outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in June or July.

Several senators spoke about their motivations for voting as numbers were tallied on the repeal bill.

“This is a clear statement that the legislature does not want the territorial ban to be enforceable,” said Democratic state Sen. Priya Sundareshan, who voted yes to repeal.

Arizona state Attorney General Kris Mayes called the vote “a win for freedom in our state,” but expressed concern that without an emergency clause, Arizonans would still be subject to the near total-abortion ban for some time.

“Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect,” she said.

There were numerous disruptions from people in Senate gallery, as Republican state Sen. Shawnna Bolick explained her vote in favour of repeal.

GOP state Sen. Jake Hoffman denounced Republican colleagues for joining with Democratic colleagues, calling it an affront to his party’s principles.

“It is disgusting that this is the state of the Republican Party today,” Hoffman said.

Arizona is one of a handful of battleground states that will decide the next president. Former president Donald Trump, who has warned that the issue could lead to Republican losses, has avoided endorsing a national abortion ban but said he’s proud to have appointed the Supreme Court justices who allowed states to outlaw it.

The law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.