Arizona Gov. Katie Hobbs (D) signed a bill Thursday repealing the state’s 1864 abortion ban, a day after it passed the Republican-controlled state Senate.
However, the repeal would not take effect until 90 days after the Legislature adjourns for the year, and there is no end date in sight. That means the 1864 law is likely to still go into effect before the 90-day deadline expires.
The state Supreme Court initially delayed enactment of the 1864 Prohibition for two weeks, but due to other judicial action, the Civil War-era law will not take full effect until June 27 at the earliest.
“While I am proud to sign this bill and provide Arizonans with a moment of relief, we still have work to do,” Hobbs said. “How much confusion and confusion will be caused by multiple bans at different times… We know how horrible this ban is and we are working hard to ensure that the ban does not take effect. We’re going to do everything we can.”
Arizona became the latest battleground state over abortion access last month, when the state Supreme Court upheld a ban on nearly all abortions in the state except in cases that would save the mother’s life. The law also imposed prison sentences for doctors who perform abortions.
The law was first passed before Arizona became a state, but it was never repealed and remained on the books for decades. In April, the Republican-appointed Supreme Court ruled 4-2 that the ban could be enforced because Roe v. Wade had been overturned.
If the repeal becomes official, the state would return to the 15-week ban signed by former Gov. Doug Ducey (R) in 2022. Like the 1864 Prohibition Act, the 15-week Prohibition Act did not provide exceptions for rape or incest. .
Hobbs said Thursday that while abortion is a bipartisan issue, the decision by some Republicans to help Democrats pass repeal legislation was “political opportunism.”
On Wednesday, two Republican state senators crossed party lines to give Democrats the majority needed to pass the bill. Three Republicans in the state House worked with Democrats to pass the bill last week.
Some Republicans acknowledge that a backlash against the 1864 law could upset the state’s conservative majorities and hurt former President Trump’s campaign in key battleground states. They also want to dampen the momentum behind a ballot measure that would likely constitutionally legalize abortion up to the point of fetal viability, and create medical exceptions for women who go further. It is set up.
Abortion rights advocates are collecting signatures to hold a referendum in November that would protect access until the point at which the fetus is viable, about 24 weeks into pregnancy.
In the meantime, abortion rights groups and state Attorney General Chris Mays (D) are trying to delay the ruling for as long as possible.
Mays filed a motion with the court Tuesday to have the final mandate last for 90 days.
On Wednesday, shortly after the state Senate voted to repeal the ban, Planned Parenthood of Arizona filed a petition with the state Supreme Court to keep the final order in the lawsuit in place until the repeal is implemented.
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