Arizona’s Abortion Ban Repeal Efforts Intensify Amidst Supreme Court Scrutiny

This week’s actions in courts and state capitals across the United States have made it abundantly evident that the overturning of Roe v. Wade and the nationwide right to abortion did not resolve the issue. On Wednesday, the United States Supreme Court heard one version of the case for the second time in a month.

Meanwhile, Arizona lawmakers took a step toward repealing a near-total ban before enforcement could begin; California’s governor proposed providing an outlet for abortion providers and patients from neighboring Arizona if the ban is repealed; and Tennessee moved closer to criminalizing assisting a minor in traveling out of state for an abortion without parental consent.

Arizona Lawmakers Advance the Repeal of the Abortion Ban

Three Republican members joined Democrats in the Arizona House to push legislation removing an abortion ban enacted in 1864, decades before Arizona became a state.

Democrats, including Governor Katie Hobbs, have been pressing for a repeal since the Arizona Supreme Court ruled earlier this month that the prohibition can be implemented after Roe v. Wade was overturned. Republicans used procedural motions to prevent a vote on a repeal that appeared to have enough support to pass the state Senate.

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The state’s attorney general, also a Democrat, stated that enforcement will not commence until at least June 8.

Arizona lawmakers have faced pressure to repeal from the state’s governor, President Joe Biden, and the governor of neighboring California. Gov. Gavin Newsom announced on Wednesday a bill that would allow Arizona doctors to provide abortions for Arizona patients in California.

Arizona providers could work in California without obtaining extra licenses until November, according to the proposed legislation. Fourteen other states have previously implemented abortion restrictions at all stages of pregnancy. However, California has not recommended this type of assistance for any of them, presumably because none share a border with it.

In the electoral battleground state of Arizona, voters may face at least one abortion ballot proposal in November.

Abortion Goes Before the Supreme Court Again

The conservative majority of the United States Supreme Court, which rejected Roe v. Wade less than two years earlier, appeared suspicious of the Biden administration’s claim in arguments Wednesday that Idaho should be forced to allow abortion during medical emergencies.

The government contended that a federal provision requiring hospitals that accept Medicaid to offer emergency care even when patients are unable to pay implies that hospitals must also provide abortions in emergency instances where a patient’s health is jeopardized.

Idaho’s exceptions are tighter, permitting abortion only if the woman’s life is in danger.

It was the second time in a month that abortion appeared before the Supreme Court. It is also considering revoking the Food and Drug Administration’s authorization for a drug that is frequently used in conjunction with another drug for medication abortions, which are currently the most prevalent method of abortion in the United States.
Decisions on both lawsuits are due in June

Tennessee is Poised to Prohibit Taking Minors Elsewhere for Abortion

Tennessee became the second state to provide full legislative clearance to a law prohibiting minors from leaving the state without parental consent to have abortions, according to a state Senate decision Wednesday.

If Republican Gov. Bill Lee signs it into law, it will affect only a portion of the travel in Tennessee, not the actual crossing of a state line. Tennessee and five of its eight neighboring states prohibit abortion at any stage of pregnancy.

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Idaho approved a similar law last year, but a court has halted enforcement due to a legal challenge. A Tennessee statute would most likely face legal challenges. California’s governor has also battled against this and other similar measures proposed in other states, starting an ad campaign early this year.

Maine Became the Latest State to Protect Providers

Maine Gov. Janet Mills signed a bill on Monday, making her state at least the 14th to have legislation protecting those who offer abortions to out-of-state patients from legal action in other states.

Maine’s law will take effect this summer

It serves as a reminder that abortion policy has shifted in two directions since the conclusion of Roe v. Wade in 2022: most Republican-dominated governments have worked to restrict access, while most Democratic-controlled states have sought to protect or expand it.

Maine’s bill, like many others, covers gender-affirming health care. In addition to abortion prohibitions or restrictions, the majority of Republican-controlled states have prohibited transgender kids from receiving gender-affirming care.