Arizona's Abortion Debate Takes Center Stage in the Battleground State

Abortion politics in Arizona have recently gained attention after the state Supreme Court revived a Civil War-era total abortion ban. This decision has caused Republicans to quickly distance themselves, while giving Democrats optimism for potential gains in the battleground state.

The court's decision has significantly heightened the importance of upcoming elections, with Democrats and their supporters aiming to link GOP candidates to their previous statements on abortion and the states' rights stance championed by former President Donald Trump.

Arizona voters will play a significant role in the upcoming general election. They will have the opportunity to influence the outcome of the presidential race, as well as determine the balance of power in the House and Senate. Additionally, voters in Arizona will be able to directly vote on the recently revived abortion ban, which has sparked a sense of urgency among abortion rights groups currently gathering signatures.

According to Barrett Marson, a political consultant for the Arizona GOP, the impact of the abortion ban revival has been monumental. It has transformed every competitive race in Arizona into a campaign centered around this single issue.

The ruling was issued the day after Trump stated that states' decisions should be upheld as law. However, when questioned on Wednesday about whether Arizona's supreme court had overstepped, the former president believed they had.

In this April 2 photo, Former President Donald Trump attends a campaign event on April 2, in Grand Rapids, Michigan.

In this April 2 photo, Former President Donald Trump attends a campaign event on April 2, in Grand Rapids, Michigan.

Spencer Platt/Getty Images

Related article

Trump says he wouldn’t sign federal abortion ban

Trump mentioned at the Hartsfield-Jackson Atlanta International Airport that the issue regarding states' rights will be resolved soon. He expressed confidence that the governor and others involved will address the matter promptly and bring it back to a reasonable solution.

Additionally, Trump stated that he would not approve a federal abortion ban if it were to pass through Congress.

Republicans in other competitive races were quick to denounce the decision and urged the state's GOP legislature to pass laws to address the issue. Rep. Juan Ciscomani, who is seeking reelection in one of the most fiercely contested districts in the nation, described the ruling as a "disaster for women and providers."

Kari Lake, who is running for Senate against Democratic Rep. Ruben Gallego, expressed her disagreement with the ruling and called on the state legislature and Democratic Gov. Katie Hobbs to work together on finding a practical solution that the people of Arizona can get behind. She also made it clear that she does not support a federal abortion ban.

Gallego criticized Lake for her previous backing of the law and pledged to defend abortion rights at the federal level if he is elected in November.

In a statement, he stated, "Our battle against extreme bans, such as the one recently imposed, is crucial. In Arizona, we stand by a woman's right to choose, which is why I am determined to defeat Kari Lake and fiercely advocate for abortion rights indefinitely."

Arizona's total ban on abortion dates back to 1864 when it was a territory, and was officially established in 1901. This ban was in place until 1973 when it was halted by a court order following the Roe v. Wade decision, which granted a constitutional right to abortion at the federal level.

In March 2022, former Governor Doug Ducey, a Republican, signed a law imposing a 15-week limit on abortion with no exceptions for cases of rape or incest. Interestingly, this law made it clear that it did not override the original 1864 ban. It came into effect after the overturning of Roe later that same summer.

In September 2022, an Arizona judge decided that the 19th-century total ban could be put into effect. Shortly after, an appeals court stopped it.

This legal dispute happened during the 2022 midterm elections. Lake narrowly lost her run for governor to Hobbs. Lake praised the 1864 law as "great" and promised to follow the court's interpretation. In contrast, Hobbs campaigned against the total ban.

Democrats in Arizona and nationwide believe that their emphasis on abortion rights played a crucial role in preventing a predicted red wave during the 2022 midterm elections. This has highlighted the significance of abortion rights as a key issue across the country. In fact, Arizona is just one of nearly a dozen states where abortion rights measures could appear on the November ballot.

On the other hand, Republicans have faced challenges due to their firm opposition to abortion. While they have supported the overturning of Roe v. Wade, they have also tried to avoid negative reactions from voters regarding strict abortion laws. This indicates that abortion continues to be a contentious issue within the Republican party.

Stacy Pearson, a Democratic strategist from Arizona, believes that voters will not be deceived by the sudden change in position on this issue. She thinks that although this may have been part of their strategy, it will not benefit them in the upcoming November elections.

The ruling could have a significant impact on the upcoming presidential race between Joe Biden and Donald Trump. In the 2020 election, Biden narrowly defeated Trump in the state by fewer than 11,000 votes. According to CNN exit poll data, Biden captured the support of 93% of voters who believed abortion should be legal in all cases and 63% of those who believed it should be legal in most cases. Together, these groups comprised 53% of the voters.

On the other hand, Trump garnered the support of 76% of voters who believed abortion should be illegal in all cases and 80% of those who believed it should be illegal in most cases. However, these voters only made up 40% of the total voter population.

The news of the Arizona abortion ban came shortly after Trump expressed his support for states having the authority to determine their own abortion laws. This put an end to rumors that he would endorse a nationwide 15-week ban. His campaign reaffirmed his position following the court decision.

On Tuesday, the Biden campaign revealed that Vice President Kamala Harris will be participating in a "reproductive freedom" event in Tucson on Friday. They highlighted the link between Trump's push to appoint judges who may overturn federal abortion protections and the recent ruling.

Harris expressed her concern about the extreme and dangerous ban on abortion in the state, stating that it puts women's lives in danger. She attributed this reality to Donald Trump, who takes pride in overturning Roe v. Wade and enabling states to implement harsh bans.

In contrast, Biden kept his message to Arizona voters short and simple on Wednesday: "Elect me."

In response to the ruling on Tuesday, Biden criticized the ban as "cruel," "extreme," and "dangerous." He assured that both he and Harris will persist in advocating for abortion rights.

There is a November ballot initiative planned.

Abortion advocates and opponents in the state are currently working on putting an initiative on the November ballot. This initiative aims to establish a right to abortion before fetal viability, typically around 22 to 24 weeks of pregnancy, according to doctors' opinions.

Hobbs expressed confidence in Arizonans' ability to have a say in this matter. She believes that come November, voters will choose to protect abortion access by enshrining it in the state's constitution.

Marjorie Dannenfelser, the president of SBA Pro-Life America, expressed her opposition to the amendment, referring to it as an "extreme measure" that should be rejected. She also commended the ruling that reinstated Arizona's total abortion ban, describing it as a significant step forward in the battle for life.

In this June 2022 photo, abortion rights proponents demonstrate following The US Supreme Court ruling in Dobbs v. Jackson Women's Health Organization in Miami.

In this June 2022 photo, abortion rights proponents demonstrate following The US Supreme Court ruling in Dobbs v. Jackson Women's Health Organization in Miami.

Marco Bello/Reuters/File

Related article

Abortion rights advocates are on a ballot initiative winning streak. 2024 could change that

Arizona for Abortion Access has been working since last September to pass a ballot initiative that would protect abortion access in the state's constitution. They need to gather at least 384,000 valid signatures by July 3 in order to have the proposal included on the November ballot. Currently, organizers have collected 500,000 signatures and aim to double that number to prepare for potential legal challenges from abortion opponents.

Chris Love, a spokesperson for Arizona for Abortion Access, emphasized the importance of enshrining the right to abortion in the state constitution. He expressed disappointment in a recent ruling and highlighted the significance of the campaign's efforts in safeguarding abortion access.

CNN’s Kate Sullivan, Ebony Davis and Ali Main contributed to this report.

Editor's P/S:

The recent revival of Arizona's Civil War-era abortion ban has brought the issue of abortion rights to the forefront of political discourse in the state. The decision has been