The Arizona State Legislature did not repeal an abortion law created in 1864 banning nearly all abortions on Wednesday for the second week in a row. However, the Senate did begin the process on a new bill Wednesday.
On the House side, a motion to get House Bill 2677 to go straight to the floor for a vote failed twice, as Democratic Reps. Stephanie Stahl-Hamilton and Alma Hernandez made motions but it got shot down during roll call votes over whether the motion was even allowed to be made. There were two other unsuccessful attempts made last week, The Center Square reported.
On the Senate side, Sen. Anna Hernandez, D-Phoenix, successfully made a motion for a late introduction of bills. That bill, Senate Bill 1734, went through its first reading on Wednesday afternoon, and it is expected to have second and third readings in the coming weeks in the body. Ultimately, this means that there will be a way for the repeal to occur, but it would need to pass both chambers.
“I will continue to call on the Legislature to do its job and repeal this law. In the meantime, I remain committed to protecting the freedoms of every single Arizonan, and I am working to make sure women are able to access the care they need,” Hobbs said in a statement on Wednesday.
The Arizona Supreme Court ruled 4-2 last Tuesday that the law, which only allows abortion in the case of a mother’s life being at risk, can be enforced as opposed to a 2022 abortion law that allows the procedure up to 15 weeks. The law ended up being reaffirmed by the legislature in 1977. As a result, Gov. Katie Hobbs issued an Executive Order in June giving the role of prosecution for “Arizonans seeking abortion care” to Attorney General Kris Mayes' office, in order to stifle any potential enforcement from county attorneys.
Regardless of a possible repeal, the 15-week abortion policy could be overridden by a proposed constitutional amendment that could be on the ballot in November. The amendment would allow abortion up to “fetal viability,” but critics say it could open the door beyond that. There’s a possibility of a Republican-backed ballot referral floating to counter the amendment initiative.
