Arizona Senate Votes to Repeal 1864 Near-Total Abortion Ban

Two Republicans voted with Democrats in the Arizona Senate on Wednesday to repeal the state’s 1864 near-total abortion restriction.

Republican State Sens. Shawnna Bolick and T.J. Shope joined Democrats to advance the repeal, which passed 16 to 14, CNN reported. The vote comes a week after three Republicans voted with all 29 Democrats in the state House to pass the repeal.

The bill heads to the desk of Arizona Gov. Katie Hobbs (D), who said on Wednesday that she is going to “quickly” sign the repeal into law.

The Arizona Supreme Court issued a historic decision on April 9, stating that the state must abide by the 1864 law, which restricts all abortions — except to save the life of the mother — and carries a prison sentence of two to five years for abortionists.

Justices heard arguments in the case, Planned Parenthood of Arizona v. Mayes/Hazelrigg, in December and were asked to consider if Arizona’s 15-week abortion limit, signed into law in March 2022, overrides the older law. While the court did not rule on the constitutionality of the 1864 law, the court issued a four-to-two decision, with one recusal, finding that the 1864 law was “enforceable” over the newer 15-week limit.

Repealing the 1864 restriction makes way for the state’s 15-week limit to remain state law.

“While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare in Arizona,” Hobbs said in a statement.

Leading pro-life organization Susan B. Anthony (SBA) Pro-Life America released a statement mourning the end of the 1864 law and calling on Arizona Republicans to defend the state’s 15-week limit.

“We mourn for the loss of the children who would have been protected and the mothers who would have received life-affirming help to address their holistic needs under Arizona’s strongest pro-life law,” SBA Pro-Life America President Marjorie Dannenfelser said, in part:

Between now and November, the far Left and pro-abortion forces will spend tens of millions of dollars to muddy the waters, fearmonger, and sow confusion to advance an extreme abortion agenda. Their goal is to repeal Arizona’s 15-week abortion law and replace it with a constitutional amendment that would allow unlimited painful late-term abortions in the fifth, sixth, seventh month of pregnancy and beyond. Kari Lake and all GOP candidates and elected officials must bring clarity to Arizona voters by campaigning vigorously in support of Arizona’s 15-week protection with exceptions and in opposition to the extreme no-limits abortion amendment.

Indeed, after the repeal is enacted, “Democrats plan to argue the 15-week limit and its lack of exceptions for rape or incest is still unpopular,” CNN reported, noting that Democrats also plan to target vulnerable Republicans at the state legislature level.

“As Republicans regroup to defend their 15-week ban and work to undermine the upcoming abortion ballot measure in Arizona, we are focused on flipping the two seats in each chamber that will deliver Democratic majorities in Arizona’s legislature,” Heather Williams, the president of the Democratic Legislative Campaign Committee, said in a statement.

Democrat Arizona Attorney General Kris Mayes has said the 1864 law would not be enforceable until June 27 at the earliest, due to other ongoing litigation. However, the repeal would not go into effect until 90 days after the Arizona legislature adjourns, leaving the state’s abortion landscape in a temporary limbo.

Mayes asked the Arizona Supreme Court on Tuesday to allow her office an extra 90 days to decide if it will appeal the court’s decision to the U.S. Supreme Court, according to the report.

Pro-abortion activists in the state are also moving forward with a proposed amendment that would create a constitutional right to abortion in Arizona — a measure that would ultimately override the 15-week limit and allow for abortion up to around 24 weeks and after, under exceptions for the life and health of the mother.

Arizona is one of at least 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.