x
Breaking News
More () »

Lawmakers respond to Arizona Supreme Court decision that allows 1864-era abortion ban

Former Gov. Doug Ducey also weighed in. He tweeted, in part, that this court decision was "not the outcome I would have preferred."

PHOENIX — Gov. Katie Hobbs and Maricopa County Attorney Rachel Mitchell are among the many calling on Arizona lawmakers to repeal an 1864 abortion ban that the Arizona Supreme Court ruled in favor of Tuesday

In the lengthy ruling released Tuesday, the court's decision essentially allows an abortion law dating back to the Civil War to remain in effect. That law effectively bans all abortions except in the case of danger to the mother.

RELATED: Arizona Supreme Court rules all elective abortions are now 'illegal,' 1864 law can be enforced

VERSIÓN EN ESPAÑOL: Legisladores reaccionan a la decisión de la Suprema Corte de Arizona que permite una prohibición de aborto de la era de 1864

But will the Republican-majority legislature do it?  This is something that lawmakers are actively talking about on both sides and according to at least one lawmaker, it’s possible we could see some movement on the issue as soon as Wednesday.

Several Democratic lawmakers flanked  Hobbs as she called on the state's legislature to repeal the state's 1864 abortion law that bans all abortions except to save the life of the mother and could criminalize abortion providers.

"This isn’t what the people of Arizona or the people of this country want," said Sen. Eva Burch, a Democrat.

RELATED: Arizona's abortion ruling: This is what we can VERIFY

The news conference and outrage coming after Arizona’s Supreme Court decision Tuesday that the law, enacted before Arizona was even a state, is enforceable.

Burch said she was impacted on a personal level, sharing she had an abortion just a few weeks ago after learning her pregnancy failed.

"Somebody gave me a procedure so I wouldn’t have to experience another miscarriage, the pain, the mess, the discomfort," she said. "And now we’re talking about whether or not we should put that doctor in jail."

RELATED: An Arizona senator told the Legislature she needs an abortion. That might not be possible.

Dems have long been calling for the repeal of the 1864 law. Rep. Stephanie Stahl Hamilton even put out a bill this session that would do just that, but the bill went nowhere.

"It never got a hearing in committee," she said during a press conference with AG Mayes, who is also calling for a repeal. "It never got discussed. It certainly never went up on that board."

Convincing the Republican-majority legislature now might still come with challenges.

Senate President Warren Petersen and House Speaker Ben Toma issued a joint statement Tuesday:

“The Supreme Court has made its decision, and it was one based solely on the text of the law — it was not a policy statement. It’s important to note, there is at least a 60-day waiting period before any change in the existing law occurs. During this time, we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”

Republican Rep. Matt Gress, however, took a firm stance.

"I made it very clear that this decision does not stand," he said in an interview with 12News. "This territorial law should be repealed."

He’s not alone.  Other state Republicans, like Senators T.J. Shop and Shawnna Bolick, are also calling to repeal the territorial ban, but support another state law that bans abortion after 15-weeks, which was passed in 2022.

"We need policies that are workable," Rep Gress said.  "To tell women that they can’t get an abortion under any circumstances unless their life is in danger or else we’ll jail you and the doctors is not a workable policy. That’s not where most Arizonans are."

RELATED: President Biden says Arizona has allowed 'dangerous' abortion law to take effect

Former Gov. Doug Ducey, a Republican who signed the 2022 law, also weighed in.  He tweeted, in part, that this court decision was "not the outcome I would have preferred."

Some critics accuse Republicans of walking their stances back.

"I think all of us are in agreement that the appropriate place to discuss and decide the policy of abortion is here on the state level," Gress added. "I don’t think that that’s a contradiction at all."

When asked about his expectations in session Wednesday, Gress thought it was possible there could be some traction.

"I expect there will be a vote tomorrow on this measure," he said.

Abortion in Arizona 

Before You Leave, Check This Out