Sunday, May 05, 2024

AZ finally repeals total abortion ban. But thanks to the AZ Supreme Court, it will go into effect anyway.

Unless they update their ruling.

From AZ Mirror, written by Gloria Rebecca Gomez -

The 1864 abortion law is officially repealed, but when it takes effect remains uncertain












With a stroke of a pen on Thursday, Gov. Katie Hobbs struck down a 160-year-old near-total abortion ban. 

Just a day earlier, Democrats in the state Senate succeeded in peeling away enough Republican votes to repeal an abortion ban first passed in 1864, while Arizona was still a territory. The push to repeal it came after the state Supreme Court ruled it was once again enforceable, and Hobbs’ signature ended weeks of turmoil as the Republican-majority legislature grappled with the political fallout. 

[snip]

But while Hobbs’ approval removes that threat from state law, she noted that access to abortion   is still not guaranteed. With the repeal of the 1864 law, a 2022 law banning abortions after 15 weeks takes precedence. 

[snip]

And while the repeal of the 1864 law is now finalized, it won’t be effective until months after the state Supreme Court ruled it can be enforced on June 27. That’s because bills signed by the governor don’t go into effect until 90 days after the end of the legislative session, and with the state budget still being negotiated, that likely won’t happen for several more weeks yet, pushing the repeal’s effectiveness date into the fall at the earliest. 

[snip]

In response to the conflicting timelines, Democrats and abortion advocacy groups have sought to use legal maneuvers to delay the reimplementation of the 1864 law until the repeal can go into effect. Earlier this week, one day before the repeal was successful, Arizona Attorney General Kris Mayes filed a motion with the state Supreme Court requesting a 90-day reprieve while her office explored the possibility of appealing the ruling to the U.S. Supreme Court. 

The repeal passed the legislature with the votes of all Democratic members and five Republicans voting for it.

My basic cynicism may show with this, but I truly believe that the Rs who voted for the repeal drew the short straws and engaged in the political equivalent of "taking one for the team."

The original ruling by the AZ Supes that started this drama is here.

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