Arizona’s Democratic leaders make final push to repeal 19th century abortion ban

PHOENIX (AP) — Democrats in the Arizona Legislature are expected to make a final push Wednesday to repeal the state’s long-dormant ban on nearly all abortions, which a court said can be enforced.

Fourteen Democrats in the Senate are hoping to pick up at least two Republican votes to win final approval of the repeal bill, which narrowly cleared the Arizona House last week and is expected to be signed by Democratic Gov. Katie Hobbs.

The near-total ban, which predates Arizona’s statehood, permits abortions only to save the patient’s life — and provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the 1864 law, which says that anyone who assists in an abortion can be sentenced to two to five years in prison.

If the repeal bill is signed, a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law. Still, there would likely be a period when nearly all abortions would be outlawed, because the repeal won’t take effect until 90 days after the end of the legislative session, likely in June or July.

Democratic Attorney General Kris Mayes, who opposes enforcement of the 19th century law, has said that the earliest the state can enforce the law is June 27, though she has asked the state’s highest court to block enforcement for a three-month period ending sometime in late July. The anti-abortion group defending the ban, Alliance Defending Freedom, maintains that county prosecutors can begin enforcing it once the state Supreme Court’s decision becomes final, which hasn’t yet occurred.

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