Arizona’s 1864 abortion ban is set to be repealed, but it remains a focal point in the campaign trail. Despite the state Senate voting to repeal the law, Democrats plan to use it as a cornerstone of their focus on reproductive rights. They aim to defeat former President Trump, win legislative majorities, and pass a measure guaranteeing reproductive rights in the state constitution.
The ban may still be temporarily in effect until 90 days after the legislative session ends, keeping the issue relevant. Attorney General Kris Mayes has pledged not to prosecute anyone for performing an abortion, but her authority to block local prosecutions is unclear.
The Arizona Supreme Court ruled last month that prosecutors can enforce one of the nation’s strictest abortion bans, with no exceptions for rape or incest. A handful of Republicans joined Democrats in voting to repeal the law, and Democratic Gov. Katie Hobbs has pledged to sign it.
Trump, who nominated three Supreme Court justices who voted to overturn Roe v. Wade, opposed the strictest abortion bans as a matter of politics. He said the Arizona law “went too far” and urged lawmakers to “remedy” it.
Abortion has become a central issue in the race for Senate, two battleground House contests, and the fight for control of the state Legislature. Democratic U.S. Rep. Ruben Gallego highlighted Republican Kari Lake’s support for the anti-abortion law in an ad. Lake has tried to balance her personal opposition to abortion with the unpopularity of a nationwide abortion ban.
According to AP VoteCast, 61% of Arizona voters in the 2022 midterm elections said abortion should be legal in most or all cases. Two-thirds said the Supreme Court’s overturning of Roe v. Wade was an important factor in their vote.
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