The Arizona Supreme Court shook the state Tuesday afternoon when it ruled 4-2 in favor of banning abortion in the vast majority of cases, with the only possible exception of saving the mother's life "when necessary." The justices chose to replace the state's 15-week ban, enacted in 2022, by reinstating legislation from 1864, which even predates the creation of the Grand Canyon State.
The ruling will take effect in a few weeks and also impacted the Arizona Republican Party, generating mixed reactions. While some celebrated the decision, others expressed concern about the electoral consequences it could bring in November.
"Out of step with Arizonans"
Kari Lake, the Republican nominee for governor in 2022 and now favorite to compete for the seat that Kyrsten Sinema will leave vacant in the Senate, was one of the first to react and, in her case, condemn the ruling. Through a statement, she noted that the 1864 law is "out of step with Arizonans."
"I oppose today’s ruling, and I am calling on [Gov.] Katie Hobbs and the state Legislature to come up with an immediate common sense solution that Arizonans can support. Ultimately, Arizona voters will make the decision on the ballot come November," she added.
My statement regarding today’s Arizona Supreme Court Abortion Ruling⤵️ pic.twitter.com/bNAjXd80TN
— Kari Lake (@KariLake) April 9, 2024
Former Governor Doug Ducey, who nominated five of the seven judges currently making up the local Supreme Court, expressed his line. The Republican defended the legislation he signed in 2022 and called for listening to voters' opinions.
"I signed the 15-week law as Governor because it is thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on. The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of the people and address this issue with a policy that is workable and reflective of our electorate," he wrote on his social media.
I signed the 15-week law as Governor because it is thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on. The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of… https://t.co/h7n5bmYnrU
— Doug Ducey (@DougDucey) April 9, 2024
"Archaic"
Congressman Juan Ciscomani described the not-so-new legislation as "archaic" and also defended the ban enacted in 2022.
"Today’s ruling is a disaster for women and providers. In Arizona, our 15 week law protected the rights of women and new life. It respected women and the difficult decision of ending a pregnancy — one I will never personally experience and won’t pretend to understand," he added.
My statement on the Arizona Supreme Court’s ruling today. pic.twitter.com/A1Do8AjYlb
— Congressman Juan Ciscomani (@RepCiscomani) April 9, 2024
David Schweikert, who represents Arizona's first electoral district in the House, assured that the decision rests with the voters, not the highest local court.
"I do not support today’s ruling from the AZ Supreme Court. This issue should be decided by Arizonans, not legislated from the bench. I encourage the state legislature to address this issue immediately," he said.
I do not support today’s ruling from the AZ Supreme Court. This issue should be decided by Arizonans, not legislated from the bench. I encourage the state legislature to address this issue immediately.
— Rep. David Schweikert (@RepDavid) April 9, 2024
"We are going to closely review the ruling"
Republican leaders in the Arizona Legislature erred on the side of caution and opted to sign a joint statement on the ruling.
Without expressing much opinion on the ruling, they promised to review it and discuss it with their colleagues to find a course of action.
"The Supreme Court has made its decision, and it was one based solely on the text of the law- it was not a policy statement. It´s important to note, there is at least a 60-day waiting period before any change in the existing law occurs. During this time, we will be closely reviewing the court´s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature," signed Warren Petersen (Republican leader of the Senate) and Ben Toma (speaker of the state House of Representatives).
Joint statement from Senate President Warren Petersen and House Speaker Ben Toma on the Arizona Supreme Court abortion ruling.⬇️
The Delayed Enforcement Agreement: https://t.co/xU10n1xwaj pic.twitter.com/8QUKmJdpFt
— AZSenateRepublicans (@AZSenateGOP) April 9, 2024
"Some are choosing to reject the fundamental principle of protecting life"
Among those Republicans who celebrated the court's decision stands out state senator Anthony Kern, who said: "Americans cannot expect our nation to be healed if we continue to kill our children."
"The 4-2 ruling today by the Arizona Supreme Court was the right one, and I support their decision," he added on his X account.
Americans cannot expect our nation to be healed if we continue to kill our children.
The 4-2 ruling today by the Arizona Supreme Court was the right one, and I support their decision.
I will speak to the voters of CD08 and address their concerns.
Make America Pray Again!
— Anthony Kern (@anthonykernAZ) April 9, 2024
Another important actor who spoke out in favor of the ruling was the Arizona Freedom Caucus. Through a statement, they described the ruling as a triumph in favor of those who defend life and distanced themselves from those who condemned it. "Unlike some Republicans, State Freedom Caucuses never back down on the issue of life," they noted.
"Sadly, it seems that some are choosing to reject the fundamental, core principle of protecting life. Some have chosen instead to jump on the bandwagon to legalize unrestricted abortions for the first 15 weeks of pregnancy—a position that would permit 95% of all existing abortions to continue. This is unacceptable, morally wrong, and abrasively out of step with the central tenants of the Republican Party Platform and Republican voters," they concluded in the letter.
🚨 STATEMENT ON ARIZONA SUPREME COURT’S PRO-LIFE RULING 🚨
Today, the Supreme Court of Arizona made the correct ruling, upheld the intent of the legislature, and preserved the rule of law today by ruling that the pre-Roe law will remain effective.
Protecting the lives of… pic.twitter.com/SPbr7Bamhe
— Arizona Freedom Caucus (@AZFreedomCaucus) April 9, 2024
