Hours after Arizona’s supreme court declared on Tuesday that a 160-year-old abortion ban is now enforceable, Republicans in the state took a surprising stance for a party that has historically championed abortion restrictions – they denounced the decision.
“This decision cannot stand,” said Matt Gress, a Republican state representative. “I categorically reject rolling back the clock to a time when slavery was still legal and we could lock up women and doctors because of an abortion.”
First passed when Arizona was still a territory, the ban only permits abortions to save a patient’s life and does not have exceptions for rape or incest.
“Today’s Arizona supreme court decision reinstating an Arizona territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least,” said TJ Shope, a Republican state senator.
“I oppose today’s ruling,” added Kari Lake, a Republican running to represent Arizona in the US Senate and a Donald Trump loyalist. Lake called on the state legislature to “come up with an immediate commonsense solution that Arizonans can support”.
Since the US supreme court overturned Roe v Wade, leading the GOP to stumble in the 2022 midterms and abortion rights supporters to win a string of ballot measures, including in purple and red states, Republicans have struggled to find a way to talk about abortion without turning off voters. But their response to the ruling on the 1864 ban may mark their fastest and strongest rebuke of abortion bans since Roe fell.
“This is an earthquake that has never been seen in Arizona politics,” said Barrett Marson, a Republican consultant in Arizona, of the decision. “This will shake the ground under every Republican candidate, even those in safe legislative or congressional seats.”
The 1864 ban is not currently in effect, and may not go into effect for weeks due to legal delays. Abortion is currently allowed in Arizona up until 15 weeks of pregnancy.
Some of the criticisms of the Tuesday ruling came from politicians who had previously supported the 1864 ban or cheered the end of Roe v Wade. Lake previously called the ban a “great law”, according to PolitiFact. David Schweikert, an Arizona congressman who is facing one of the most competitive House races in the country this November, said on Tuesday that he does not support the ruling and wants the state legislature to “address this issue immediately”, but in 2022 said the fall of Roe “pleased” him.
The speaker of the Arizona state house and the president of the state senate, who are both Republicans, also released a joint statement saying that they would be “listening to our constituents to determine the best course of action for the legislature”. In contrast, on the day Roe fell, the Republican-controlled state senate released a statement declaring that the 1864 ban was in effect immediately. That statement unleashed confusion and chaos among abortion providers in Arizona, prompting them to stop offering the procedure out of an abundance of caution.
“They are trying to play it both ways. They’re trying to have this illusion that they’re moderate to get votes, because they know that Arizonans do not want a total ban,” said Dr Gabrielle Goodrick, one of the providers who temporarily stopped performing abortions when Roe fell. “This is just ridiculous. Now they’re saying that they oppose it? Yeah, yeah – a little too late.”
Arizona is one of roughly a dozen states where voters may be able to directly decide abortion rights come November. Activists in the state have now collected more than half a million signatures in favor of giving Arizona residents a chance to vote on a ballot measure that would enshrine abortion rights into the state constitution.
Democrats hope that turnout for this proposal, which has yet to be officially added to the ballot, will also lead to surge in support for their candidates, including Joe Biden. A similar dynamic is at play in Florida, whose state supreme court recently paved the way for a six-week abortion ban, and where voters will be able to vote in November to constitutionally protect abortion.
The decision also exposed the deepening rift between Republicans and their longtime allies in the anti-abortion movement. As Arizona Republicans raced to distance themselves from the long-dormant law, abortion opponents cheered the decision.
“We celebrate the Arizona supreme court’s decision that allows the state’s pro-life law to again protect the lives of countless, innocent unborn children,” said Jake Warner, a senior counsel with Alliance Defending Freedom, who argued the case before the court in favor of the ban.
Trump, the presumptive Republican presidential nominee who disappointed religious conservatives on Monday when he said states should decide their own abortion laws, did not immediately weigh in on the Arizona ruling.
Abortion rights are popular in Arizona: nearly one-third of Arizona voters in the 2022 midterm elections said abortion was the issue that mattered most in helping them decide who to vote for, according to exit polling. By a two to one margin, voters in the state said abortion should be legal, and 40% said they felt “angry” about the supreme court decision ending the federal right to an abortion.
A poll conducted in late February by the Phoenix-based firm, Noble Predictive Insights, found that 40% of Arizona voters expected Trump, if elected, to attempt to ban abortion altogether, while 45% expected Biden, if re-elected, to increase access.
The vice-president, Kamala Harris, will go to Arizona later this week, in a visit that was planned ahead of the Tuesday decision. She blamed the impending state ban on Trump, whose three supreme court appointees voted to eliminate the federally guaranteed right to an abortion.
“Arizona just rolled back the clock to a time before women could vote – and, by his own admission, there’s one person responsible: Donald Trump,” Harris said in a campaign statement. “The alarm is sounding for every woman in America: if he has the opportunity, Donald Trump would sign off on a national abortion ban.”
