Under Pressure From Trump, Arizona Republicans Weigh Response to 1864 Abortion Ban

Facing mounting pressure to strike down a near-total abortion ban revived last week by Arizona’s Supreme Court, Republican state legislators are considering efforts to undermine a planned ballot measure this fall that would enshrine abortion rights in the Arizona Constitution, according to a presentation obtained by The New York Times.

The 1864 law that is set to take effect in the coming weeks bans nearly all abortions and mandates prison sentences of two to five years for providing abortion care. The proposed ballot measure on abortion rights, known as the Arizona Abortion Access Act, would enshrine the right to an abortion before viability, or about 24 weeks. Supporters of the measure say they have already gathered enough signatures to put the question on the ballot ahead of a July 3 filing deadline.

Republicans in the Legislature are under tremendous pressure to overturn, or at least amend, the 1864 ban. Former President Donald J. Trump, the national standard-bearer of the Republican Party, directly intervened on Friday, calling on Republican legislators, in a frantically worded post online, to “act immediately” to change the law. A top Trump ally in Arizona who is running for the Senate, Kari Lake, has also called for the overturning of the 1864 law, which she had once praised.

Abortion rights have been a winning message for Democrats since the Supreme Court, with three justices appointed by Mr. Trump, overturned Roe v. Wade in 2022. And even though it is an objectively unpopular aspect of his White House legacy, Mr. Trump has repeatedly bragged that he is personally responsible for overturning Roe.

Republicans in Arizona, however, have already resisted efforts to repeal the 160-year-old law and are bracing for the potential for another floor battle on the ban that is looming for the Legislature, which is set to convene on Wednesday. The plans that circulated among Republican legislators suggest the caucus is considering other measures that would turn attention away from the 1864 law.

The presentation to Republican state legislators, written by Linley Wilson, the general counsel for the Republican majority in the Arizona State Legislature, proposed several ways in which the Republican-controlled Legislature could undermine the ballot measure, known as A.A.A., by placing competing constitutional amendments on the ballot that would limit the right to abortion even if the proposed ballot measure succeeded.