The Arizona Legislature erupted in chaos on Wednesday as Republican lawmakers swiftly shut down discussions on a proposed repeal of the state's recently revived 1864 law that criminalizes abortion throughout pregnancy, with the only exception being when a woman's life is at risk. The state Supreme Court cleared the way for the enforcement of the pre-statehood law on Tuesday, prompting outrage from Democrats and some Republicans, including former President Donald Trump.
As legislators convened to address the mounting pressure to intervene, House Democrats and at least one Republican attempted to open a discussion on repealing the 1864 ban, which does not include exceptions for rape or incest. However, GOP leaders, who hold the majority, cut off the debate twice and quickly adjourned for the week. Incensed Democrats responded with finger-waving chants of "Shame! Shame!"
Republican state Rep. Teresa Martinez, of Casa Grande, defended the decision to postpone the debate, accusing Democrats of "screaming at us and engaging in extremist and insurrectionist behavior on the House floor." Martinez, the GOP House whip, stated, "We are navigating an extremely complex, emotional and important area of law and policy. In my opinion, removing healthy babies from healthy mothers is not health care nor reproductive care. Pregnancy is not an illness. It should be celebrated. It is an abortion that terminates life."
Democratic legislators, however, seized on the national interest in Arizona's abortion ban. "We've got the eyes of the world watching Arizona right now," said Democratic state Rep. Stephanie Stahl Hamilton, of Tucson. "We know that the Supreme Court decision yesterday is extreme. And we know that should the 1864 ban on abortion remain a law in Arizona, people will die."
Governor Katie Hobbs, a Democrat, denounced the inaction on the proposed repeal as unconscionable. "Radical legislators protected a Civil War-era total abortion ban that jails doctors, strips women of our bodily autonomy and puts our lives at risk," she said.
According to AP VoteCast, 6 out of 10 Arizona voters in the 2022 midterm elections favored guaranteeing legal abortion nationwide. The state recorded 11,530 abortions in 2022, the last year for which data is available, according to the Department of Health Services.
Abortion providers in Arizona, such as Camelback Family Planning in Phoenix, which accounts for about one-fourth of the state's abortions, have vowed to continue offering services until they are forced to stop, possibly within weeks. Registered nurse Ashleigh Feiring said, "Our plan is to stay open as long as possible. Our clinic has been shut down twice in the last four years, but we've always resumed service."
Anti-abortion groups, including SBA Pro-Life America, are urging Arizona residents to oppose a proposed ballot initiative that would enshrine abortion rights in the state constitution. SBA President Marjorie Dannenfelser said in a statement, "They would wipe away all pro-life laws put in place by the Legislature, reflective of the will of the people."
Governor Hobbs, however, predicted that the outrage over the reinstated ban would motivate voters to protect abortion rights directly in state law. "The fight is not over, for sure," she said.
Abortion rights advocates have already gathered more than 500,000 signatures for a petition to add a ballot question asking voters to approve a constitutional amendment protecting the right to abortion until viability, when a fetus could survive outside the womb.
Even former President Donald Trump, who was in Atlanta for a campaign fundraiser, weighed in on the Arizona court decision, saying it went too far and called on state lawmakers to change it, despite defending the U.S. Supreme Court's 2022 ruling overturning Roe v. Wade. "It's all about states' rights," Trump told supporters and journalists. "It'll be straightened out."
The 1864 law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion. The Arizona Supreme Court stated in its decision, "Physicians are now on notice that all abortions, except those necessary to save a woman's life, are illegal," adding that additional criminal and regulatory sanctions may apply to abortions performed after 15 weeks, the state's previous time limit for the procedure.
Enforcing the 1864 law won't begin for at least two weeks, but plaintiffs in the case, including Planned Parenthood, said the delay could last up to two months, based on an agreement reached in a related case. Planned Parenthood has said it will offer abortion services up to 15 weeks of pregnancy for at least two more months, in line with the agreement.
