The Arizona Senate took a concrete step toward repealing the state’s pre-Roe abortion ban, but House Republicans continued to block similar efforts, leaving the fate of the 1864 law in question.
In total, three Republicans in competitive districts joined Democrats to support repeal.
Driving the news: The soonest the Senate could take a final vote on the bill is in two weeks due to legislative procedures, the Senate Republicans’ communications director, Kim Quintero, told reporters Wednesday.
The intrigue: Rep. Matt Gress (R-Phoenix), the only House Republican to publicly support repeal, said he believes others will join him if it goes up for a vote.
But it’s unclear whether other Republicans will go as far as to override Toma, even if they support repeal.
Zoom in: Rep. Tim Dunn (R-Yuma), one of two other House Republicans who were heavily pressured Wednesday to support repeal, tells Axios he thinks the ban should be repealed.
The “Arizona Abortion Access Act” would expand abortion access to the point of fetal viability, generally around 24 weeks, with exceptions for life and health of the mother.
House Republicans are also contemplating several new, competing ballot measures.
The Arizona Senate moved decisively to overturn the state’s pre-Roe abortion ban, but House Republicans persisted in obstructing similar initiatives, casting doubt on the 1864 statute’s future.
The big picture: Since the Arizona Supreme Court restored the pre-Roe ban last week, tensions over the matter have resurfaced. The razor-thin margins—30-30 in the House and 16-14 in the Senate—illustrate this.
All told, three Republicans in competitive districts sided with Democrats in favor of repeal.
Now the focus returns to the House, where the Republican speaker has promised to keep blocking the initiative.
Keeping the news moving: According to Senate Republicans’ communications director Kim Quintero, the Senate could vote on the bill’s final version as soon as two weeks from now because of legislative procedures.
Additionally, because both chambers only meet once a week, it would take the House at least an additional two weeks to approve the bill in its final form. They meet again the following Wednesday.
Yes, but: Speaker of the House Ben Toma tells Axios that he will persist in preventing his chamber from voting on the bill in the event that the Senate approves it, as he and the majority of Republicans have already done twice.
He says, “To be honest, I’m not sure how it’s different.”.
The majority of Republicans have been reluctant to override the speaker in order to force a vote.
To put it realistically, even if it passed, the repeal wouldn’t take effect until ninety days after the session ends, which isn’t specified in advance. The most extended session in the history of the state ended in July.
June 8 is the earliest that the 1864 ban could go into effect, Democratic Attorney General Kris Mayes stated on X on Wednesday.
For an unspecified amount of time, the prohibition may therefore still be in place.
The intriguing part: Rep. The only Republican member of the House to openly support repeal, Matt Gress (R-Phoenix), expressed confidence that more members will follow suit if the measure is put to a vote. There is just one more House Republican required.
Even if they are in favor of repeal, it’s unclear if other Republicans will go so far as to override Toma.
Close up: Rep. Tim Dunn (R-Yuma), one of the two other House Republicans who came under intense pressure on Wednesday to back the repeal, tells Axios that he believes the prohibition should be lifted.
However, he remained silent on his willingness to overrule Toma. With his caucus this week, he says he is dedicated to having “continued conversations.”.
Between the lines: Democratic Gov. While Katie Hobbs and Mayes have promised not to enforce the ban, it is unlikely that providers will carry out illegal abortions in any case.
I will “fight like hell to prevent this law from taking effect,” Mayes declared on Wednesday. ****.
Additionally, she mentioned that she had spoken with the attorney general of California about the potential to secure emergency licenses for Arizonan providers.
What comes next: It is anticipated that a citizen initiative to include abortion rights in the state Constitution will be put on the ballot in November.
Provided that the mother’s life and health are spared, the “Arizona Abortion Access Act” would permit abortions up until fetal viability, which is typically around 24 weeks.
There are also multiple new competing ballot measures that House Republicans are considering.
Rep. On Wednesday, House Floor Speaker Alex Kolodin (R-Scottsdale) announced that Republicans would soon present their own proposal to give voters options.
Editor’s note: New information has been added to this evolving story at various points.
