In a significant legislative turn that encapsulates the shifting dynamics within the battleground state of Arizona, the Republican-controlled State Senate voted to repeal a Civil War-era law that banned nearly all abortions, except in instances where the mother’s life was in danger. This archaic ban, originally penned in 1864 and momentarily reinstated in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade, was discarded in a close 16-14 vote, with two Republicans joining all the Democrats to push the repeal through.
The move reflects a broader national reckoning on the issue of abortion rights and emphasizes the growing discomfort among some Republicans with extremely restrictive laws. The fissure in the Republican ranks was embodied by State Senators Shawnna Bolick and TJ Shope, who sided with Democrats, despite an overwhelmingly conservative Senate. The bipartisan nature of the vote signifies a notable shift in the state’s politics, which have been thrust into the limelight following last year’s Supreme Court ruling that gave states the power to determine their own abortion laws.
Bolick, who underwent a dilation and curettage (D&C) procedure during a nonviable pregnancy, shared her personal experience on the Senate floor. “Having a ‘D and C’ in my first trimester because the baby wasn’t viable was very tough,” she revealed. Bolick’s stance was informed by the emotional stories of women who faced significant pregnancy complications and the understanding that the Civil War-era law would severely limit medical care for them.
This legislative action portends to the broader political landscape of Arizona, a key swing state that could influence the balance of power in the upcoming elections. The repeal bill, once signed by Democratic Governor Katie Hobbs, which she has promised to do “quickly”, will reinstall a 2022 statute banning abortions after 15 weeks of pregnancy as the state’s prevailing law. However, the repeal will not take effect immediately, leaving a gap where the draconian 1864 law would be enforceable until the new law takes hold, likely around June or July.
Meanwhile, Arizona Attorney General Kris Mayes, along with Planned Parenthood Arizona, is exploring legal avenues to prevent the near-total ban from taking effect. This includes a request to the state Supreme Court to delay its enforcement and a motion to allow abortion services to continue until the repeal is active.
As the state grapples with its legislative timelines, the political implications are clear. Vice President Kamala Harris pointedly criticized the chaos induced by the Trump administration’s policies and their impact on women’s healthcare. The Democratic Party, galvanized by this vote, is framing the protection of reproductive rights as a central issue ahead of the elections. Democratic lawmakers have vowed to continue the fight to preserve and expand reproductive freedoms, while Republicans reconsider their strategies to address the political realities and voter sentiments on the issue.
“Arizona women should not have to live in a state where politicians make decisions that should be between a woman and her doctor,” Hobbs said. “While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare.”
Relevant articles:
– Arizona State Senate votes to repeal 19th century abortion ban, kvoa.com, 05/02/2024
– Arizona vote to repeal 1864 near-total abortion ban, The Associated Press, 05/01/2024
– The AZ Senate has repealed the 1864 abortion ban, after 2 Republicans join Dems, Arizona Mirror, 05/01/2024
– Arizona Senate passes repeal of 1864 abortion ban, sending it to governor’s desk, ABC News, 05/01/2024
– Arizona Senate votes to repeal Civil War-era near-total abortion ban, CNN, 05/01/2024