Arizona House Republicans fended off another attempt on Wednesday to repeal an 1864 law that limits nearly all abortions — a law that the Arizona Supreme Court recently upheld over a new 15-week abortion limit.
However, the Arizona Senate left open the door for repealing the 1864 law after two Senate Republicans voted with Democrats to let a repeal effort move forward, according to the report.
“In total, three Republicans in competitive districts joined Democrats to support repeal,” Axios reported. “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.”
Senate Republicans’ communications director Kim Quintero told reporters the Senate could do a first reading of the new bill on Wednesday, but the final repeal vote could come as soon as two weeks.
Demonstrators during a Women’s March rally in Phoenix, Arizona, on Saturday, Jan. 20, 2024. (Caitlin O’Hara/Bloomberg via Getty Images)
“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,” according to the report.
Republican House Speaker Ben Toma, who voted against the repeal, said, “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.”
Toma also called for orderly behavior during Wednesday’s session, following heated debate in the last attempt to repeal the law.
“I would ask everyone in this chamber to respect the fact that some of us believe that abortion is the murder of children,” he said. “It is not OK to shout at each other, it is not OK to engage in the kind of behavior I saw on this floor last week.”
Both Democrat Arizona Gov. Katie Hobbs and Arizona Attorney General Kris Mayes have said they would not enforce the 1864 law, although abortionists are “unlikely to provide illegal abortions regardless,” according to the report.
Update: The earliest the outrageous 1864 near-total abortion ban could take effect is June 8. In the meantime, my office is analyzing a legal strategy to fight back and planning for what will happen if we are unsuccessful. Lives are on the line here. pic.twitter.com/CCHEqKoMTx
— AZ Attorney General Kris Mayes (@AZAGMayes) April 16, 2024
Some prominent Arizona Republicans have also notably distanced themselves from the Arizona Supreme Court’s rulings, including Senate candidate Kari Lake and former Gov. Doug Ducey. Former President Donald Trump told reporters he thinks the 1864 law goes too far.
The state supreme court decision comes as pro-abortion activists are moving forward with a proposed amendment that would create a constitutional right to abortion in Arizona.
Arizona is one of nearly a dozen states where pro-abortion activists are working to codify the right to kill the unborn.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.