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'Shame': Lawmakers try, fail to start repeal of Arizona abortion ban

Attempts were made in both Arizona legislative chambers Wednesday to start to repeal the 1864 abortion ban, but neither succeeded.

PHOENIX — The abortion ban on Arizona's books will remain as lawmakers were unable to repeal it Wednesday, despite attempts in both the Arizona Senate and House to bring it to each floor. 

The state's Supreme Court on Tuesday ruled to allow the abortion law, which is a near-total ban dating back to the Civil War, to remain in effect. 

Rep. Matt Gress (R-District 4) on Wednesday morning moved to create a special rule to begin the repeal of the 1864 abortion ban but was quickly stopped with a competing motion by Rep. David Livingston (R-District 28) to recess the House's proceedings.

Once the House adjourned, some Democratic lawmakers began shouting "shame" repeatedly. 

RELATED: Arizona Supreme Court rules all elective abortions are now 'illegal,' 1864 law can be enforced

Rep. Stephanie Stahl Hamilton (D-District 21) is the prime sponsor of HB 2677, a one-line bill that repeals the statute containing Arizona's ban on abortions, except to save the life of the mother. Stahl Hamilton introduced that bill months ago for this session, but said it's been introduced in previous years. 

"Every day we come into this chamber, we can make that motion to create a temporary role to get it up on that board," Stahl Hamilton said. 

Coming back from recess, 12News asked Gress if he thought he'd have the votes to try and call for the vote again. 

"We will see," Gress said. "You know, I think that there are some interests in procedural wrangling. I think we should take this up urgently and as soon as possible." 

Stahl Hamilton brought the motion to the floor again Wednesday afternoon. However, on a roll call vote, the House adjourned until next Wednesday.  Stahl Hamilton told 12News though she believed a vote would come to the floor. 

"Today’s legislative action was unconscionable," Democratic Gov. Katie Hobbs said in a statement. "The extremist Republican majority had the chance to do the right thing for their constituents, and they failed." 

Fellow Republicans blamed Gress for putting "Republican comrades in the line of fire," by bringing the motion to the floor. 

In the Arizona Senate, Democrats there say they stood to be recognized with the hopes of trying to start the repeal of the 1864 abortion ban as the chamber was going to adjourn.

However, President Pro Tempore T.J. Shope did not recognize the Democrats and banged the gavel. 

"Senator (Anna) Hernandez was ready with her motion," Senate Minority Leader Mitzi Epstein told 12News. "Several people call division, I called for a substitute motion - as soon as the motion to adjourn was made I called for a substitute motion – and that is also in order. But instead they packed up their bags." 

A Senate Republican Spokesperson told 12News, "The Democrats were not recognized because the motion before the body was the motion to adjourn. A substitution motion would have been procedurally improper." 

Both chambers are set to meet again next Wednesday. 

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