“Today we are doing what 23 governors and 55 legislatures refused to do, and I am so proud to be the ones that got this job done,” Hobbs said. “While I am proud to sign this bill and provide a moment of relief for Arizonans, we still have work to do.”
But, despite the governor’s signature, the repeal won’t take effect until 90 days after the state Legislature adjourns for the year, and there is no end date in sight. Lawmakers need to pass a budget, and the process is just getting started.
That means it’s likely the 1864 law will still go into effect before that 90-day period is up.
Right now, the state is still governed by a 15-week ban that passed in 2022, shortly after Roe v. Wade was overturned. The state Supreme Court initially delayed enactment of the 1864 ban for two weeks, and due to separate judicial activity, the Civil War-era law won’t be fully enforceable until June 27 at the earliest.
In the interim, abortion rights advocates and state Attorney General Kris Mayes (D) are trying to delay the ruling as much as possible.
On Tuesday, Mayes filed a motion for the court to stay a final mandate for 90 days.
Shortly after the state Senate voted Wednesday in favor of repealing the ban, Planned Parenthood Arizona filed a motion with the state Supreme Court requesting that it stay its final order in the case until the repeal can be implemented.
Hobbs on Thursday said abortion access is a bipartisan issue, but argued the decision by some Republicans to help Democrats pass the repeal bill was “political opportunism.”
On Wednesday, two GOP state senators crossed party lines to give Democrats the majority needed to pass the bill. Last week, three Republicans in the state House joined with Democrats to pass the bill.
