Arizona Can Repeal Abortion Ban After Shocking Defection

The Arizona legislature secured just enough votes on Wednesday to repeal a 160-year-old abortion ban that was revived by the state’s Supreme Court in April.

The decision to nix the archaic law appears on track to pass thanks to the votes of every Democratic lawmaker, as well as two state Senate Republicans, T.J. Shope and Shawnna Bolick. If the bill passes, it will go to Democratic Governor Katie Hobbs, who is expected to sign it. That will return the state to its previous abortion status, which banned the medical procedure after 15 weeks of pregnancy.

But some legislators fear that even if the vote does pass, there might still be a waiting period before the 15-week ban is officially enacted—and during that time, all abortions will still be outlawed. That period would last approximately 90 days after the end of the session, ending in June or July, unless the repeal comes with an emergency provision.

“Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect,” Arizona state Attorney General Kris Mayes told the Associated Press.

Shortly after the new ban took effect, the Arizona legislature devolved into a state of chaos, with Republicans blocking discussions to repeal the ban. In a dramatic show, Democrats responded by chanting “shame” at their colleagues across the aisle.

The near-total abortion ban from 1864—before Arizona was even a state—offers no exceptions for instances of rape or incest. But some Republicans in the state, especially the ones currently on the campaign trail, immediately came out against it. That includes Senate candidate Kari Lake, who claimed the draconian ban was “out of line with where the people of this state are,” despite having aggressively fought for it in multiple political campaigns and calling the 1864 legislation a “great law.”

Other Arizona Republicans who conveniently came out against it include Representative David Schweikert, Representative Juan Ciscomani, and former Republican Governor Doug Ducey, even though he was responsible for appointing four of the justices who brought the ban back to life.

Meanwhile, Republicans are still working on their own plans to permanently rid the state of abortion access, including one plot to introduce an abortion-restricting measure on November’s ballot with the hopes of confusing voters.

The only solution, according to local Democratic leaders, is to vote. Democrats need to flip just two seats in each state chamber in order to obtain a majority.

“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,” said Democratic Legislative Campaign Committee President Heather Williams in a statement. “Voters have an opportunity this year to deliver Democratic majorities by flipping just two seats in each chamber.”

This story has been updated.