Arizona governor set to sign repeal of near-total abortion ban from 1864

PHOENIX -- Arizona is waving goodbye to a Civil War-era prohibition of astir each abortions arsenic a repeal measure reaches the table of Democratic Gov. Katie Hobbs.

Hobbs says the repeal, scheduled for signing connected Thursday, is conscionable the opening of a combat to support reproductive healthcare successful Arizona. But the repeal whitethorn not instrumentality effect until 90 days aft the extremity of the legislative session, successful June oregon July. Abortion rights advocates anticipation a tribunal volition measurement successful to forestall that outcome.

The effort to repeal the prohibition won last legislative support Wednesday successful a 16-14 ballot of the Senate, arsenic 2 GOP lawmakers joined with Democrats.

The ballot extended for hours arsenic senators described their motivations successful personal, affectional and adjacent biblical presumption — including graphic descriptions of termination procedures and amplified audio recordings of a fetal heartbeat, on with warnings against the dangers of “legislating spiritual beliefs.”

At the aforesaid clip Wednesday, supporters of a South Dakota termination rights inaugural submitted acold much signatures than required to marque the ballot this fall, portion successful Florida a prohibition took effect against astir abortions aft six weeks of pregnancy, earlier galore women adjacent cognize they are pregnant.

Democratic Arizona Attorney General Kris Mayes, an hostile of the near-total termination ban, has said the earliest the dormant abortion-ban instrumentality could beryllium enforced is June 27, though she has asked the state’s highest tribunal to artifact enforcement until sometime successful precocious July. But the anti-abortion radical defending the ban, Alliance Defending Freedom, maintains region prosecutors tin statesman enforcing it erstwhile the Supreme Court’s determination becomes final, which hasn’t yet occurred.

The near-total ban, which predates Arizona’s statehood, permits abortions lone to prevention the patient’s beingness and provides nary exceptions for survivors of rape oregon incest. In a ruling past month, the Arizona Supreme Court suggested doctors could beryllium prosecuted nether the instrumentality archetypal approved successful 1864, which carries a condemnation of 2 to 5 years successful situation for anyone who assists successful an abortion.

A repeal means that a 2022 statute banning the process aft 15 weeks of gestation would go Arizona’s prevailing termination law.

Physician Ronald Yunis, a Phoenix-based obstetrician gynecologist who besides provides abortions, called the repeal a affirmative improvement for women who mightiness different permission Arizona for aesculapian care.

“This is bully for ensuring that ensuring that women won’t person to question to different states conscionable to get the health care they need,” Yunis said. “I was not excessively acrophobic due to the fact that I person a batch of assurance successful our politician and lawyer general. I’m definite they volition proceed uncovering ways to support women.”

Arizona is 1 of a fistful of battleground states that volition determine the adjacent president. Former President Donald Trump, who has warned that the contented could pb to Republican losses, has avoided endorsing a nationalist termination prohibition but said he’s arrogant to person appointed the Supreme Court justices who allowed states to outlaw it.

President Joe Biden’s run squad believes choler implicit the autumn of Roe v. Wade gives them a governmental vantage successful battleground states similar Arizona, portion the contented has divided Republican leaders.

Abortion-ban advocates successful the Senate connected Wednesday assemblage jeered and interrupted authorities Republican authorities Sen. Shawnna Bolick arsenic she explained her ballot successful favour of repeal, joining with Democrats. Bolick is joined to authorities Supreme Court Justice Clint Bolick, who voted successful April to let a 1864 instrumentality connected termination to beryllium enforced again. He confronts a retention election successful November.

The 19th period instrumentality had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade determination guaranteed the law close to an termination nationwide.

After Roe v. Wade was overturned successful June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a authorities justice that the 1864 prohibition could beryllium enforced. Still, the instrumentality hasn’t really been enforced portion the lawsuit was making its mode done the courts.

Planned Parenthood Arizona filed a question Wednesday day that asks the authorities Supreme Court to forestall a intermission successful termination services until the Legislature’s repeal takes effect.

Advocates are collecting signatures for a ballot measurement allowing abortions until a fetus could past extracurricular the womb, typically astir 24 weeks, with exceptions — to prevention the parent’s life, oregon to support her carnal oregon intelligence health.

Republican lawmakers, successful turn, are considering putting 1 oregon much competing termination proposals connected the November ballot.