Arizona Republicans Block Repeal of 1864 Law Banning Abortions Across the Board — Again

Republicans in Arizona are bucking national party leaders and doubling down on the Civil War-era abortion ban.

AP/Ross D. Franklin
Protesters at Phoenix shout as they join thousands marching around the Arizona state Capitol after the U.S. Supreme Court decision to overturn Roe v. Wade abortion decision on June 24, 2022. AP/Ross D. Franklin

Arizona state Republicans on Wednesday voted against a proposal brought by state Democrats that would have repealed the Civil War-era ban on abortions in the state, bucking national GOP leaders and doubling down on the unpopular ban.

In the Arizona state house, Republicans in the chamber, with one defection, voted against moving forward with a bill proposed by Representative Stephanie Stahl Hamilton.

This was the second time that Arizona Republicans have refused to repeal the law banning abortions since a ruling by the state supreme court allowing it to go into effect. Before the state supreme court ruling, Republicans in the legislature modified the law to remove a provision that would allow women seeking abortions to be sentenced to time in prison.

The latest move from Arizona Republicans represents a significant break from national party leadership that could cause problems for the party politically. Both President Trump and the state’s likely GOP nominee for Senate, Kari Lake, have signaled that they support rolling back the law, though Ms. Lake had called it a “great” law before the state supreme court ruling.

On Tuesday, the president of the Center for Arizona Policy, Cathi Herrod, issued a statement calling on legislators to vote against repealing the bill, and Republicans in the state legislature appeared to listen. “Arizonans deserve lawmakers they can trust,” Ms. Herrod said. “They want elected officials who keep their word, especially when it concerns human life.”

The Center for Arizona Policy is influential in GOP primaries in Arizona and has made it clear that it disapproves of any effort by Republicans to repeal the law, regardless of what national leaders say.

At the same time, allowing the law — enforcement of which is on hold until June — to go into effect could cost Republicans in November. 

In 2020, President Biden carried the state by just more than 10,000 votes, and in 2024, it’s likely that there will be a ballot measure asking voters whether the state should protect abortion rights under the state constitution.

A poll conducted since the ruling by a liberal pollster, Data For Progress, also indicated that voters in the state overwhelmingly disapprove of the supreme court’s decision. The survey found that 66 percent of respondents disapproved of the ruling and 30 percent approved. The ruling, unpopular with both Democrats and independents, also split Republicans, with 46 percent approving of the ruling and 49 percent disapproving.

Since the ruling, handicappers have also indicated that they see Arizona as a more favorable state for Democrats, with Sabato’s Crystal Ball at the University of Virginia Center for Politics changing its rating for the state’s Senate race to “leans Democratic” from “toss-up.”


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