Arizona Republicans are once again blocking an effort to repeal the near-total 1864 abortion ban

After days of nationwide debate over the Arizona Supreme Court’s recent decision to uphold a near-complete 19th century abortion ban, Arizona’s Republican-controlled state House has quashed yet another attempt to repeal the ban.

Republicans, who hold one-seat majorities in both the House of Representatives and the Senate, shot down a procedural measure in the state House on Wednesday that would have allowed the House to vote on a bill to repeal the ban. Only one Republican, Rep. Matt Gress, voted with the House’s 29 Democrats, but the 30-30 split wasn’t enough to advance.

Wednesday marked the second time state lawmakers have tried to repeal the ban, first passed in 1864, since the state Supreme Court ruled. Last week, Gress attempted to vote on the repeal bill. However, he then joined other Republicans in voting for a recess until Wednesday.

The ban, which was passed before Arizona became a state, only allows abortions in cases where a woman’s life is saved. There are no exceptions for rape or incest. Due to legal delays, it is not yet in effect; instead, Arizona currently bans abortion after 15 weeks of pregnancy.

The Republican Party has long been against abortion, but the U.S. Supreme Court’s 2022 overturning of Roe v Wade has complicated their position. Anger over Roe’s fall was credited with slowing a promised “red wave” in the 2022 midterm elections and helping abortion rights advocates win a series of ballot measures in red and purple states. Now, before the 2024 elections, many Republicans are trying to moderate their previously hardline positions.

Following the Arizona Supreme Court’s ruling last week, several Republicans with a history of anti-abortion beliefs denounced the ruling and the ban. Shawnna Bolick, a Republican senator married to one of the justices who sided with the majority to uphold the 1864 ban, called on her colleagues to repeal it, as did Gress. Donald Trump, who appointed three U.S. Supreme Court justices who overturned Roe and has said he believes each state should set its own abortion laws, indicated he believes the 1864 ban goes too far. The Arizona ban, he suggested, will be “corrected.”

Abortion rights advocates in Arizona continue to collect signatures for a November ballot measure that would enshrine abortion rights in the state constitution.