By Mark Gray
5:00pm PDT, Apr 13, 2024
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The Arizona Supreme Court made news on April 9 after issuing a decision to uphold a 1864 law — which was created before Arizona became a state — that's a near-total abortion ban with exceptions only to save the mother's life. The law states that medical providers who perform an abortion are subject to fines and two to five years in prison.
It's likely that the law, which the court said can be enforced 14 days after the decision was handed down, will be challenged in the November 2024 election.
After the Supreme Court upheld the law in a 4-2 ruling, many of Arizona's top legislators and political figures publicly spoke out against the decision — one notable name, Kari Lake, flip flopped and is now slamming the law after supporting it less than two years ago.
"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," the Republican firebrand said in a statement.
But, less than two years ago, the Republican Senate candidate called it a "great law."
"We have a great law on the books right now. If that happens, we will be a state where we will not be taking the lives of our unborn anymore," she said in a 2022 debate.
Keep reading to see how the Grand Canyon State's lawmakers and politicians are reacting…
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Sen. Mark Kelly called it a "disastrous decision."
"This is going to criminalize doctors for doing their jobs. It's going to have a devastating effect on the health and freedom of women in Arizona. It's going to put lives at risk," he said in a press conference. "This law may have been written 160 years ago but its only bring reinstated now because of politicians who worked to overturn Roe v Wade… this is devastating to women in Arizona. This is not who we are as Arizonans.
On X, he wrote, "Today's decision by the Arizona Supreme Court reinstitutes a total abortion ban from the 1800s. This is the biggest step backward since the repeal of Roe v. Wade. Make no mistake, this is happening because of Donald Trump. We must work to restore abortion rights this November."
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"It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion.
That is my promise to you." —Gov. Katie Hobbs
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"Today's ruling is devastating for Arizona women and their families. This is not what Arizonans want.
This decision rips away the right for women to make their own healthcare decisions with their doctors. I promise you that we will fight this together. And with your help, we will win." —Rep. Ruben Gallego
In an X video, he called the rule "inhumane."
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"An 1864 abortion ban with no exceptions for rape or incest. THIS is the "future" the @GOP are fighting for.
Abortion rights. Civil rights. Voting rights. They want it all wiped away. Remember that in November." –Calif. Gov. Gavin Newsom
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"Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest. This cruel ban was first enacted in 1864 — more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote. This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women's freedom.
Vice President Harris and I stand with the vast majority of Americans who support a woman's right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state." —President Joe Biden
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"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." –Former Arizona Gov. Doug Ducey
Ducey appointed all four judges who supported upholding the pre-statehood law.
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"The Arizona Supreme Court has allowed a near-total abortion ban to go into effect — one written before Arizona was a state, before women could vote. Under this extreme law, women will die and their doctors and nurses will be criminalized.
This cannot stand.
We will not stay silent in the face of these outrageous attacks on our fundamental freedoms. In Congress, I'll keep fighting to restore the protections under Roe v. Wade as the law of the land.
But the stakes this November couldn't be higher, and Arizonans must forcefully reject this extreme overreach by passing the Arizona Right to Abortion Initiative to finally enshrine the right to safe, legal reproductive care in our state's constitution." —Rep. Greg Stanton
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"This is far from the end of the debate on reproductive freedom … And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state." —Arizona Attorney General Kris Mayes
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"Arizona just rolled back the clock to a time before women were even allowed the right to vote. There's only one person responsible: Donald Trump. President @JoeBiden and I will do everything in our power to stop him and restore women's reproductive freedom." –Vice President Kamala Harris
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"The GOP used to be the party of LESS government. Now it's the party of government-mandated pregnancy. See you in November." –Rep. Eric Swalwell
