Arizona’s state Republican leadership halted an effort by Democrats on Wednesday to repeal an 1864 law banning almost all abortions, which the state supreme court this week ruled could go into effect.
The move came after Republican lawmakers in the state had denounced the court’s decision, including some who previously expressed support for the law. Donald Trump and other high-profile Republicans, such as the Senate candidate Kari Lake, had also declared their opposition to the ruling with Lake urging lawmakers to “come up with an immediate commonsense solution that Arizonans can support”.
The Arizona supreme court ruled on Tuesday that the 1864 law can go into effect – though it may not happen for weeks. Under the law, which predates Arizona’s statehood, there are no exceptions for rape or incest and abortions are permitted only if the mother’s life is at risk.
Democrats and one Republican lawmaker sought to repeal the law, but GOP leaders, who command the majority, cut it off twice and quickly adjourned for the week. Outraged Democrats erupted in finger-waving chants of “Shame! Shame!”
Republican state Rep Teresa Martinez, of Casa Grande, said there was no reason to rush the debate. She accused Democrats of “screaming at us and engaging in extremist and insurrectionist behaviour on the House floor”. The GOP-led senate briefly convened without debate on abortion.
Democratic legislators seized on national interest in the state’s abortion ban.
“We’ve got the eyes of the world watching Arizona right now,” said Democratic state Rep Stephanie Stahl Hamilton, of Tucson. “We know that the supreme court decision yesterday is extreme. And we know that should the 1864 ban on abortion remain a law in Arizona, people will die.”
The state supreme court’s decision is expected to have major repercussions in the state and could significantly impact abortion access across the US south-west. Political strategists have said that the near total ban would draw moderate voters to Democrats and mobilize young voters and voters of color.
“This was an earthquake of epic proportions in Arizona politics,” said Barrett Marson, a Phoenix-based Republican strategist. “Anytime Republicans are talking about abortion, they’re losing. Now, I think the only issue is going to be abortion.”
Democratic governor Katie Hobbs called inaction on the proposed repeal unconscionable. “Radical legislators protected a Civil War-era total abortion ban that jails doctors, strips women of our bodily autonomy and puts our lives at risk,” she said.
Some Republicans in the state had, surprisingly, come out against the court’s decision. “This decision cannot stand,” Matt Gress, a Republican state representative, said. “I categorically reject rolling back the clock to a time when slavery was still legal and we could lock up women and doctors because of an abortion.”
Gress had tried to bring forth a bill to repeal the ban but then voted with other Republicans to move to recess.
The Republican speaker of the Arizona state house and the president of the state senate, said in a joint statement they would be “listening to our constituents to determine the best course of action for the legislature”.
Democrats, who have made Arizona a top priority in 2024, hope to flip both the state house and senate and have seized on Republicans’ decision.
“I am disgusted by the actions of my peers, both lying about their stance on this issue so important to Arizonans, and refusing to repeal the 1864 ban,” said Priya Sundareshan, a Democratic senator and Arizona Democratic Legislative Campaign Committee co-chair.
“This is why we need to flip the legislature, pass the ballot initiative and stop Republicans from taking away this right ever again.”
Reuters contributed to this report
