Arizona House again blocks repeal of 1864 abortion ban, Senate leaves door open

Arizona House Republicans on Wednesday blocked another attempt to repeal the 1864 ban on nearly all abortions reinstated by its state Supreme Court. But the Senate has cleared a path for a vote on it in the coming weeks.

Why it matters: The razor-thin margins, 30-30 in the House and 16-14 in the Senate, illustrate the tensions that the ruling has generated in this battleground state.

• In total, three Republicans in competitive districts joined Democrats to support repeal.
• Attention now turns back to the state House, which is scheduled to reconvene next week.

Driving the news: While Republicans on Wednesday morning quashed a motion in the House to force a vote on the repeal through a 30-30 tie, in the afternoon two Senate Republicans voted to let a future repeal move forward.

• The Senate will only be able to do a first read of the new bill today, Senate Republicans’ communications director Kim Qunitero told reporters. The soonest a final repeal vote could come is two weeks, she said.

Yes, but: Even if the repeal ultimately passes, it likely will not have the two-thirds supermajorities required to go into effect immediately, meaning it would become law 90 days after the legislative session ends.

• Arizona lawmakers do not have a fixed adjournment date. Last year’s session, the longest in state history, lasted until July.
• The earliest the 1864 ban could take effect is June 8, Democratic Attorney General Kris Mayes confirmed on X Wednesday.
• Therefore, the ban could still be in effect for an unknown period of time.

What they’re saying: “The last thing we should be doing today is rushing a bill through the legislative process to repeal a law that has been … reaffirmed by the legislature several times,” Republican House Speaker Ben Toma said as he voted against the motion.

The other side: “This issue is very simple: Do we support or do we oppose an 1864 territorial abortion ban that includes no exceptions for rape. No exception for incest,” Rep. Oscar De Los Santos (D-Laveen), the assistant minority leader, said.

Catch up quick: The Arizona Supreme Court last week ruled that the 19th century ban is enforceable, instead of a 15-week ban that had been passed in 2022.

Between the lines: Democratic Gov. Katie Hobbs and Mayes have pledged that the ban won’t be enforced, but providers are unlikely to provide illegal abortions regardless.

• Mayes said Wednesday she will “fight like hell to prevent this law from taking effect.”
• She also said she’s discussed the possibility of obtaining emergency licenses for Arizona providers with the California Attorney General.

What’s next: A citizen initiative to enshrine abortion rights in the state Constitution is expected to be on the November ballot.

• The “Arizona Abortion Access Act” would expand abortion access to the point of fetal viability, generally around 24 weeks, with exceptions for life and health of the mother.
• Yes, but: House Republicans are also contemplating referring several competing measures to the ballot.

Editor’s note: This developing story has been updated with additional details throughout.