House passes repeal of abortion ban

The state House voted Wednesday to repeal the 1864 law that outlaws abortions except to save the life of the mother.

The 32-28 vote came after three Republicans -- Tim Dunn of Yuma, and Matt Gress and Justin Wilmeth, both of Phoenix -- voted with all the Democrats.

That sends the measure to the Senate where a preliminary vote last week shows their appear to be sufficient votes to approve identical language. That would send the measure to Gov. Katie Hobbs who has said she will sign it.

But none of this changes the fact that, even with her signature, the change would not take effect until 91 days after the 2024 session finally ends. At the current rate of progress at the Capitol, that could mean an effective date of August -- or later.

What makes that critical is that court rulings have allowed the old law to start being enforced on June 8.

Hobbs has issued an executive order stripping all 15 county attorneys of their authority to prosecute any law dealing with abortion, giving that power to Attorney General Kris Mayes. And she, in turn, has said she doesn't intend to bring such charges against anyone.

But it remains an open question of whether that executive order is enforceable.

 

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