PHOENIX, AZ — From the President of the United States to late-night talk show hosts, the abortion-restricting decision made by the Arizona Supreme Court on Tuesday has become a major talking point, and the path forward on any repeal is murky.
Two days after the historic abortion ruling, the center of political activity in Arizona - the state capitol - is virtually a ghost town. Lawmakers in the Republican-led legislature are preparing for the end of the 2024 session, and won't return to legislate until next week. According to Democratic Gov. Katie Hobbs, it'll likely stay empty. That doesn't mean she's given up on restoring abortion access, she said Thursday.
"This fight is absolutely not over and I will continue to use everything in my power to make sure that Arizonans have access to healthcare," she told reporters.
Everything in Hobbs' power right now includes working with Republicans to find some solution to keep abortion accessible to Arizonans. Hobbs declined to say who she is talking to among the Republican caucus.
She's running out of time, however, as the part-time legislature has already wound down to just one day a week in session.
A protest by some Democrats on the House floor Wednesday demonstrated there's still a major divide between state lawmakers.
The protest happened as almost every House Republican voted twice to block a potential vote on repealing the near-total abortion ban from 1864 that was reinstated by the Arizona Supreme Court this week. That ban is a flat ban on the procedure and makes no exceptions for rape or incest, only for the life of the mother.
"For us, it's unconscionable that you would murder a perfectly healthy child," House Speaker Ben Toma, R-District 27, told reporters after the votes.
Even with at least one Republican willing to vote with Democrats in the House, and likely two more in the Senate, Wednesday's session made it clear that there was not yet a path forward for a repeal of the pre-statehood ban, Hobbs said.
"You saw what happened yesterday," she said. "The votes obviously are not there and it's obvious that calling a special session right now would not be productive to get this done."
Hobbs said forcing lawmakers back to the Capitol for a special session to vote on abortion is unlikely unless some change is made.
"Yes I have a 'bully pulpit,' but I just - like, that's just not the right answer right now," Hobbs told reporters.
Toma told reporters Wednesday that it did not matter when his chamber took up the repeal bill, HB 2677, because it would not go into effect until 90 days after the legislature adjourned. The abortion ban is currently expected to go into effect within two months in Arizona.
Many of those who fought for the 1864 ban Arizona now prepares to reenact are ready for another fight to keep it around.
"Arizonans need to understand that this was a decision on statutory construction," said Cathi Herrod, president for the Center for Arizona Policy and an advocate for the law's reinstatement. "It was on which law would take effect, and the court made the right decision."
The issue continues to capture national attention, as Vice President Kamala Harris will travel to Tucson Friday for a meeting focused on reproductive rights.
If nothing comes from talks with lawmakers behind the scenes, it is voters who may have the final word. Arizona for Abortion Access, a ballot measure that would alter Arizona's constitution to guarantee abortion access, has gathered more than 500,000 signatures. Already well over the threshold required by the state, the group says it will continue until the issue is on November's ballot.
Hobbs acknowledged it "sounds awful" to point to November for a solution, but did say the ballot measure may be a place voters can make their voices heard.
"I'm confident that the ballot measure is well on its way to making the ballot but there's no guarantees, and there's no guarantee that the Supreme Court won't come back with a terrible ruling," she said. "But I'm confident that, you know, if it's on the ballot, it will be supported by Arizonans."
