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Barbara Parker, center, and Alex Kolodin celebrate their session being called to recess during a legislative session at the Arizona House of Representatives in Phoenix
Barbara Parker, center, and Alex Kolodin celebrate their session being called to recess during a legislative session at the Arizona House of Representatives in Phoenix, on April 17, 2024. Rebecca Noble / Getty Images

Arizona Republicans shield radical 1864 abortion ban (again)

Donald Trump assured the public that abortion policy in Arizona would be brought “back into reason.” GOP legislators apparently have a different plan.

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It was just last week when Republican-appointed justices on the Arizona Supreme Court gave the political world an unexpected jolt, clearing the way for a 160-year-old near-total abortion ban to take effect. Under the 1864 law — approved before the end of the Civil War, and before women could vote — anyone who performs abortions or helps people access abortion care could face felony charges.

There are no exceptions for rape, incest, or the health of the pregnant woman.

Soon after, Donald Trump — the politician who bears much of the responsibility for creating this mess — conceded that he believed the state Supreme Court went too far but quickly added that Arizonans concerned about the collapse of their reproductive rights should rest easy.

“I think it’ll be straightened out,” the former president said, adding that state policymakers would bring the policy “back into reason.” The Republican concluded, “It will be taken care of.”

A week later, efforts to bring abortion policy in Arizona “back into reason” still aren’t going well. NBC News reported:

For the second time in two weeks, Arizona House Republicans rejected an attempt to repeal a near-total ban on abortion from 1864 that was upheld by the battleground state’s Supreme Court. ... House Republicans voted to adjourn until next Wednesday without taking any further action, leaving the path for a repeal bill murky.

After GOP legislators successfully derailed an effort to repeal the abortion ban, they were seen cheering and celebrating, along with the anti-abortion activists who were in attendance.

“Republican extremists in the House have yet again failed to do the right thing,” Gov. Katie Hobbs said in a written statement. “In just one week living under this new reality, women, doctors, and healthcare providers have already begun to feel the devastating effects of living under a total abortion ban. We cannot go on like this.”

The Arizona Democrat concluded, “A law from 1864 written by 27 men cannot be allowed to govern the lives of millions of Arizona women. It’s time to put politics aside and do the right thing.”

For what it’s worth, the legislative fight isn’t over, and for proponents of reproductive rights, not all of the news from the state capitol was discouraging. As NBC News’ report added, in the GOP-led state Senate, two Republicans joined with Democratic lawmakers to move forward with a measure that would repeal the 160-year-old near-total abortion ban, “which leaves the door open for potential action on a repeal bill in the coming weeks.”

In the meantime, however, those waiting to see the matter “straightened out” will have to wait.

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