Arizona lawmakers repeal 1864 abortion ban

Abortion rights rally in Arizona with hand-drawn signs

The repeal is a "significant loss for the anti-abortion movement"

(Image credit: Frederic J. Brown / AFP via Getty Images)

What happened

The Arizona Senate voted 16-14 on Wednesday to repeal a pre-statehood near-total ban on abortion, sending the bill to Gov. Katie Hobbs (D). The state House passed the measure last week. Three House Republicans and two GOP senators — including the wife of one of the Arizona Supreme Court justices who reinstated the 1864 ban in April — joined Democrats in voting for repeal.

Who said what

Scrapping "this total abortion ban" is "just the beginning of our fight to protect reproductive health care in Arizona," Hobbs said. The 1864 law was the "best abortion ban in the nation," and calling yourself "pro-life" after voting to repeal it is the "epitome of delusion," said state Sen. Anthony Kern (R).

The commentary

The repeal is a "significant loss for the anti-abortion movement," which built up "outsized strength in the Arizona Legislature," The New York Times said. The 1864 ban was so "dangerous" to the GOP's political prospects, "everyone from Donald Trump to Republican Senate frontrunner Kari Lake (temporarily)" urged the Legislature to dial it back, said Talking Points Memo. For Democrats, it would have been "easier if Republicans just stuck to their guns" and "went down with their ship," Democratic strategist Matt Grodsky said to Politico.

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What next?

Hobbs plans to sign the repeal Thursday. Ninety days after the legislative session ends this summer, abortion law reverts back to Arizona's 2022 15-week ban. Arizonans will likely vote in November on a constitutional amendment to enshrine abortion access.

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.