The fallout could have big implications for 2024 elections.
Republicans have historically championed abortion restrictions, but some of them had an unexpected response to a recent one.
On Tuesday, Arizona’s Supreme Court upheld a 160-year-old law that bans nearly all abortions in the state. The decision prompted nationwide outrage — and even some within the GOP are distancing themselves from it.
The most prominent example is Donald Trump, who told reporters that the Arizona law goes too far. And while he reiterated his previously stated position that “it’s all about states rights” when it comes to abortion, he added that he expects Arizona’s governor and other officials will address the state’s far-reaching ban and “bring it back into reason.”
Trump also said he wouldn’t sign a national abortion ban if he’s reelected, despite backing one during his first term. But this reversal isn’t exactly surprising — the former president has a long history of changing his stances on abortion rights. For instance, he declared he was “very pro-choice” in 1999 before swinging to the other extreme.
Some of Trump’s most fervent supporters have echoed his sentiments about the Arizona decision. GOP Senate candidate Kari Lake similarly blasted the ruling as “out of step with Arizonans.” This marks quite an about-face from two years ago, when she called the statute a “great law.”
Others within the battleground state have also spoken out. Republican state representative Matt Gress said the decision cannot stand. “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,” he said in a statement.
This sudden retreat is reflective of a larger shift on the issue. In the nearly two years since the Supreme Court overturned Roe v. Wade, which ended the constitutional right to abortion, the Republican Party has struggled to win elections, especially when abortion was on the ballot. The 2022 midterms was a prime example — every single state that put the issue up for a vote affirmed the right to the procedure, and it’s expected to be a driving force in this November’s general election, too.
What does Arizona’s reinstatement of an 1864 abortion ban mean?
In a 4-2 decision, the Arizona Supreme Court said officials may enforce an 1864 law criminalizing nearly all abortions. The law, which was created before Arizona became a state, makes the procedure a felony punishable by two to five years in prison. It also makes no exceptions for rape or incest — only when the mother’s life is at stake.
Under this near-total ban, the number of procedures in the state is expected to drop from about 1,100 monthly to almost zero, according to estimates by Society of Family Planning.
The court said it will delay enforcement for at least two weeks because it plans to send the case back to a lower court, which will consider “additional constitutional challenges.” Arizona voters might also be able to undo the ruling in a November referendum.
How does this relate to the recent abortion ruling in Florida?
The ruling follows a decision last week in Florida, where the state Supreme Court ruled to keep a 15-week abortion ban. This decision also clears the way for a six-week ban that Gov. Ron DeSantis signed into law last year to take effect.
But it looks like voters might have the final say: The court allowed a proposed amendment that would enshrine abortion protections in the state constitution to appear on the ballot in November. This, in turn, could help drive turnout in Florida among Democrats, as well as Independents and Republicans who strongly support reproductive rights.
Since the ruling, Republican lawmakers in Florida have softened their stance on the issue, just like their counterparts in Arizona. GOP Sen. Rick Scott, who’s seeking reelection this year, said in a statement that he believes in “reasonable limits placed on abortion.” He also vowed to protect in IVF or vitro fertilization treatments, which have come under attack in recent months.
In case you need a refresher on that, the Alabama Supreme Court ruled in March that frozen embryos can be considered children, calling into question the legality of fertility treatments. Then, following backlash, lawmakers quickly passed legislation to address liability for IVF providers, prompting some health care providers to restart services that had been temporarily put on hold.
IVF and abortion have become winning issues for Democrats in the state. Democratic candidate Marilyn Lands won a special election in House District 10 after running on them, and it could foreshadow what’s to come in November.
