In a closely contested vote, Arizona lawmakers have approved the opportunity to vote on repealing a near-total abortion ban that has been highly controversial and faced mounting pressure. The decision came after three weeks of intense scrutiny on Republicans, who have been on the defensive in a battleground state during a presidential election year.

Only two Republicans broke ranks and joined all Democrats in defying the staunch resistance of the Republican House speaker, who had adamantly refused to allow a repeal vote. This move clears the path for a potential repeal vote at a later date.

Republicans had previously utilized procedural tactics to block attempts to repeal the ban, drawing strong condemnation from Democratic President Joe Biden, who has made support for abortion rights a focal point of his reelection campaign. In a news conference held on Wednesday, Democrats and the Biden campaign continued to place the blame for stringent abortion restrictions on former President Trump and the Republican party.

Democratic state Sen. Priya Sundareshan of Tucson emphasized, "Make no mistake, Arizonans are living in 1864 now because Donald Trump dismantled Roe v. Wade." Sundareshan's statement echoes President Biden's assertion that Trump's policies have created a "health care crisis for women all over this country" by jeopardizing their access to vital care.

Prior to the House and Senate meetings, an array of protesters gathered outside the state Capitol, expressing their opposition to abortion rights through signs and apparel. Arizona Republicans have faced intense pressure from conservative factions within their base who continue to support the abortion ban, even as it has become a liability with swing voters who hold the power to determine crucial races, including the presidency, the U.S. Senate, and the GOP's control of the Legislature.

The Arizona Supreme Court's recent decision affirmed that the state can enforce a long-dormant law that allows abortions solely to save the life of the pregnant patient. This ruling raises the possibility of prosecution for doctors who provide abortions. The law, which was first enacted in 1864, carries a sentence of two to five years in prison for assisting in an abortion.

Efforts to repeal the ban were previously stymied when one Republican in the Arizona House joined with 29 Democrats, resulting in two failed attempts with 30-30 ties. Democrats are hopeful that another Republican will cross party lines in order to bring the repeal bill to a vote. Although there appears to be sufficient support for repeal in the Arizona Senate, a final vote is not expected until May 1.

The abortion ban has been dormant since the landmark 1973 Roe v. Wade decision, which guaranteed the constitutional right to abortion nationwide. However, after the overturning of Roe v. Wade in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, successfully argued that the 1864 ban could be enforced. Nevertheless, the law has not been put into practice as the case underwent judicial proceedings. Attorney General Kris Mayes, Brnovich's Democratic successor, urged the state's high court to refrain from reviving the law.

Mayes has indicated that the earliest potential enforcement date for the law would be June 8. However, the Alliance Defending Freedom, an anti-abortion group defending the ban, argues that county prosecutors can start enforcing it once the Supreme Court's decision becomes final, which is expected to occur this week.

If the proposed repeal receives final approval from the Republican-controlled Legislature and is signed into law by Democratic Governor Katie Hobbs, a 2022 statute banning abortions after 15 weeks of pregnancy will become the prevailing abortion law in Arizona.

In the meantime, Planned Parenthood officials have pledged to continue providing abortions for the remaining legal period while also reinforcing networks to assist patients in traveling out of state to access abortion services in places such as New Mexico and California.

In a related development, abortion rights advocates have recently launched an initiative to seek voter approval for a constitutional amendment that would guarantee abortion rights until a fetus reaches the stage of viability outside the womb, typically around 24 weeks. This proposed amendment would also allow for later abortions to protect the life, physical health, or mental health of the pregnant person.

Conversely, Republican lawmakers are considering potential competing abortion proposals to put on the November ballot. These proposals may include codifying existing regulations, a 14-week ban disguised as a 15-week law, or a measure that prohibits abortions after six weeks of pregnancy, before many individuals may even be aware of their pregnancy. However, the House Republicans have not yet publicly released any specific proposed ballot measures.