Arizona Republicans distanced themselves from an Arizona Supreme Court decision which upheld the ability of the state to enforce a law banning some abortions.
The territorial law, enacted in 1864 but left on the books to the present day, prescribes two to five years in prison for anyone who “provides, supplies, or administers” an abortion to a woman, although mothers cannot be penalized since another territorial law to that effect was repealed three years ago in an effort led by pro-life establishment groups. Multiple leading Republican candidates and officials immediately moved to denounce the decision.
Kari Lake, a Republican candidate for the United States Senate, referenced a recent statement from former President Donald Trump calling for states to make their own laws on abortion and stressing the need for the Republican Party to win elections. Lake asked for Republican lawmakers to work with Arizona Democratic Governor Katie Hobbs to pass a new alternative.
"I wholeheartedly agree with President Trump: this is a very personal issue that should be determined by each individual state and her people,” Lake said in her statement. “I oppose today's ruling, and I am calling on Katie Hobbs and the State Legislature to come up with an immediate common sense solution that Arizonans can support.”
Arizona Republican Representative Juan Ciscomani called the decision “a disaster for women and providers” and said he prefers a fifteen-week standard. Arizona Republican Representative David Schweikert, who faces the most competitive reelection campaign in the state, likewise denounced the ruling and urged the Arizona Legislature to “address this issue immediately.”
Arizona Republican State Senate President Pro Tempore TJ Shope meanwhile remarked that the decision was “disappointing” and said he would work to repeal the territorial law in favor of “reasonable limitations on abortion that a majority of Arizonans support.” Arizona State House Republicans twice voted to adjourn this week rather than consider a proposal to repeal the law.
The lawmakers who attempted to distance themselves from the Arizona Supreme Court decision faced criticism from anti-abortion activists. Leaders of End Abortion Now, a Christian ministry based in Arizona which supports the abolition of abortion, said in a podcast episode that senior Republicans will indeed mount an effort to repeal the territorial statute.
“They desperately want to win the next election. They want to win votes. You have pro-life Republican legislators that are working behind the scenes right now to create legislation and do away with the law criminalizing abortionists,” remarked Jeff Durbin, a founder of End Abortion Now. “Take a breath and take that in. That’s what’s happening right now. They so want to win elections that they are willing to abandon these children and justice for these children.”
The statement from Trump also provoked controversy among Republican voters and conservative commentators. Beyond the release of his abortion platform, the presumptive Republican nominee agreed when asked by reporters whether the Arizona Supreme Court “went too far,” saying that Arizona officials would soon bring the law “back into reason.”
