The recent ruling within the GOP has sparked division among the party's majority in the statehouse. Several Republicans in both chambers are inclined to collaborate with Democrats in repealing a 160-year-old law they perceive as outdated and unsuitable for the present era. This development has energized anti-abortion advocates and prompted Republicans to explore alternative abortion policies.
While the Senate has approached the abortion debate calmly, the House of Representatives has been more dramatic. Two weeks ago, the Senate advanced a repeal law identical to the House's version. This Wednesday, senators are expected to replace their Senate Bill 1734 with the House version and hold an official vote. GOP Sens. Shawnna Bolick of Phoenix and T.J. Shope of Coolidge are anticipated to join all 14 Democrats in passing the measure, totaling the necessary 16 votes.
Supporters of the abortion ban are mobilizing opposition to the repeal. Sen. Wendy Rogers, R-Flagstaff, is urging her social media followers to contact their senators to vote against the repeal. Students for Life Action announced a rally at the Capitol on Wednesday morning to encourage lawmakers to "hold the line" on abortion policy and adhere to the high court's decision.
Chanel Prunier, vice president of public affairs for Students for Life Action, expressed concern, stating, "Arizona’s Senate could make history in the worst possible fashion," warning that if the repeal passes, Arizona would become the first Republican-led state to strip protections from preborn babies already protected by law. If the bill passes the Senate, it will go to Gov. Katie Hobbs, who has pledged to sign it promptly.
The effective date of the repeal is uncertain. Typically, it takes 90 days after the Legislature completes its session for new laws to take effect. This would likely fall in late summer. However, there may be delays due to legal procedures. Attorney General Kris Mayes has requested a 90-day stay on the court's decision on the 1864 law, which could further postpone the law's effective date.
In the interim, the 1864 law would remain in effect. Mayes has stated she will not prosecute any abortion cases, and Hobbs has signed an executive order removing county attorneys' authority to enforce abortion laws. Additionally, a citizen initiative called Arizona for Abortion Access, if approved by voters in November, would permit abortions up to viability, potentially changing the state's abortion policy yet again.