“Breaking News” Arizona’s 1864 Abortion Ban Repealed! Will Democrats Use It to Rally Against Trump?

Arizona’s 1864 abortion ban will soon be dismissed, but not from the campaign road.

Even though the state Senate voted Wednesday to remove a statute that prohibited nearly all abortions, Democrats running in the battleground state say they want to make the Civil War-era law the centerpiece of their reproductive rights campaign.

President Joe Biden’s campaign believes that resentment over the overturning of Roe v. Wade gives them a political advantage in critical areas like Arizona. The issue has divided Republican leaders, who have attempted to appeal to many in the GOP base who oppose abortion while avoiding pronouncements that could harm them in November.

“Republicans know that they are on the wrong side of this issue,” Arizona Democratic Party Chair Yolanda Bejarano said in an interview. “They are seeing the writing on the wall and we are going to make sure that we vote out every extremist Republican in Arizona.”

Arizona Democrats, speaking at a press conference organized by the Biden campaign on Wednesday, said they would work to defeat former President Donald Trump in the state while also gaining legislative majorities and passing a ballot measure that would add a reproductive rights guarantee to the state Constitution.

“Make no mistake, the reason we’re here today is Donald Trump and the many Arizona Republican lawmakers who blindly follow his lead,” state Sen. Anna Hernandez stated during the press conference.

Abortion is likely to be temporarily banned before the November election since the restriction will last until 90 days after the legislative session concludes, which is expected to be this summer. This ongoing uncertainty will almost surely keep the law in the news.

Abortion rights campaigners hope that a court will intervene to prevent such an outcome. Attorney General Kris Mayes has stated that the abortion ban might be enacted as early as June 27. Mayes, a Democrat, has promised not to charge anyone for performing an abortion and to prevent county prosecutors from doing so, but it’s unclear whether she has the jurisdiction.

The Arizona Supreme Court ruled last month that prosecutors can enforce one of the country’s harshest abortion laws, a law enacted long before Arizona became a state in 1912. It makes no exceptions for rape or incest, and abortions are permitted only when the mother’s life is in danger. Under severe and escalating criticism, a handful of Republicans in the state Senate, led by those facing tough reelection contests, voted with all Democrats to repeal the bill, a week after the House did. Democratic governor Katie Hobbs has already promised to sign it.

Trump selected three Supreme Court judges who voted to overturn Roe v. Wade, which he described as a win two years ago, but he also opposed the most stringent abortion limits on political grounds. He had argued that the Arizona law “went too far” and urged state lawmakers to “remedy” it quickly.

“A lot of bad things will happen beyond the abortion issue if you don’t win elections, with your taxes, and everything else,” he said at a rally in Michigan, another key state.

Trump claims that the Supreme Court’s decision to overturn Roe empowers individual states to establish their own abortion regulations, and he stated in a recent interview with Time magazine that he would leave it up to states to decide whether to track or punish women who have abortions. The near-total abortion restriction will be repealed, leaving in place a 15-week ban enacted in 2022.

Abortion has also emerged as a key issue in the Senate race, two contested House races, and the battle for control of the state Legislature, where Republicans hold a razor-thin majority in both chambers.

Democratic U.S. Rep. Ruben Gallego, the likely Democratic Senate nominee, promptly released an advertisement emphasizing Republican Kari Lake’s support for the anti-abortion legislation.

Lake, meanwhile, stated that the decision “is out of step with Arizonans.” It’s a big cry from her attitude as a governor candidate two years ago when she termed the near-total abortion ban “a great law,” said she was “incredibly thrilled” that it was on the books, and predicted it would be “setting the course for other states to follow.” Faced with backlash from her anti-abortion fans, Lake has attempted to walk a fine line, expressing her opposition to abortion but opposing a nationwide abortion ban.

“Whether or not my position on this issue is popular, the cost of this job is not my soul,” said state Rep. Alexander Kolodin, a Republican from a solid GOP seat who opposes abortion and sought to save the 1864 legislation.

According to AP VoteCast, a wide survey of the electorate, 61% of Arizona voters in the 2022 midterm elections believe abortion should be allowed in most or all situations. Only 6% thought it should be outlawed in all circumstances. Two-thirds of Arizona midterm voters claimed the Supreme Court’s decision to overturn Roe v. Wade influenced their vote in that race.

In that election, over six out of ten Arizona voters stated they would support legislation ensuring universal access to legal abortion.