The Democrats have caught on Tuesday’s ruling by Arizona’s highest court backed an 1864 law banning nearly all abortions, setting up a fierce political battle over the issue that is likely to dominate the presidential election and a key Senate race in one state important battlefield.
Although the court has put the ruling on hold for now, President Biden and his campaign were quick to blame former President Donald J. Trump for the loss of abortion rights, noting that he took note credit for appointing Supreme Court justices who overturned constitutional rights to abortion. Just a day earlier, Mr. Trump sought to defuse what has become a toxic problem for Republicans by says abortion restrictions should be up to the states and their voters.
Mr. Trump did not immediately respond to the decision and his aides did not respond to requests for comment.
Nowhere is the politics of abortion more distilled than in Arizona, where liberals pushed a ballot measure in November to enshrine abortion rights in the State Constitution. Supporters of the measure say they enough signatures have been collected to get the question on the ballot before the deadline in early July.
That means the state will likely be front and center in Democrats’ national effort to turn the 2024 race into another referendum on abortion rights.
The issue has emerged as one of the party’s strongest political weapons since the Supreme Court’s decision to overturn Roe v. Wade in 2022, helping them to a series of electoral victories. Tuesday’s Arizona ruling will pose another test for Republicans, who after decades of efforts to limit abortion rights and access have struggled to find a winning message on the issue this in the changed political context of the post-Roe era.
The 1864 act would not be immediately enforced: In remanding its ruling, the court sent the matter back to the lower court to hear additional arguments on the constitutionality of the act.
However, Democrats quickly aimed to capitalize on this news.
President Biden said in a statement minutes after the decision: “This decision is the result of the extremist agenda of Republican elected officials who are committed to depriving people of their freedoms.” women”.
Vice President Kamala Harris is also scheduled to travel to Tucson, Ariz., on Friday to speak about the importance of abortion rights. She became a top anchor for Biden’s abortion campaign, became the highest-ranking US official to visit an abortion clinic. She has also organized abortion events in key battleground states including Wisconsin, Georgia and Michigan.
On Tuesday, she pointedly blamed Mr. Trump for the court’s decision — a tactic Democrats have taken to crack down on abortion nationwide.
“Arizona just turned back the clock to a time before women could vote — and by his own admission, there is one man responsible: Donald Trump,” she said in a statement.
The ruling’s condemnation was bipartisan, reflecting the continued strength of the issue since Roe was overturned in 2022. Both candidates in Arizona’s Senate race were considered a in the most important battles for control of the chamber, quickly rejected this ruling. .
Representative Ruben Gallego, the Democratic candidate, called it “devastating for Arizona women and their families” and warned that “women could die” as a result of the new ban.
More notably, Kari Lake, his Republican opponent, echoed his comments: despite praising the law in the past.
“It is clear that pre-statehood laws are not working for the people of Arizona,” she said in a statement, adding, “This is a very personal issue that needs to be determined by each state and her people.”
Democrats quickly offered examples of Ms. Lake’s previous support for the 19th century law, including comments she called it a “great law.”
Polls show Mr. Biden has a clear advantage over Mr. Trump on the issue of abortion, despite voters’ preference for the former president on most other key issues. The political calculation for Mr. Biden and other Democrats is that every day when abortion is the main political topic will be a better day than a day spent discussing the economy, immigration or thorny foreign policy issues.
Since the fall of Roe, Democrats have repeatedly won elections by making abortion a key issue in their campaigns. Last year, a liberal Wisconsin judge won a landslide victory in the state’s key Supreme Court race, and Kentucky Gov. Andy Beshear won reelection in a deep red states – both thanks to a heavy focus on abortion rights.
The Biden campaign believes abortion rights are one of the strongest issues in their favor in Arizona, where independents make up about a third of the electorate. In March, 50% of registered voters in the state said they trusted Mr. Biden to do a “better job” on the abortion issue, compared with 44% of Mr. Trump, a Fox News poll establish.
“We have people from all walks of life who will be outraged by this decision and who will hold the braggart responsible for the decision,” said Jen Cox, a senior adviser to the Biden campaign in Arizona. That must be responsible.” “And that’s Donald Trump.”
Abortion providers say they expect to continue performing abortions through May as their lawyers and Democratic lawmakers seek new legal arguments and strategies. Additional techniques to delay judgment.
If reinstated, the law would preempt the state’s current restriction on abortions after 15 weeks with a complete ban outlawing from the moment of conception, unless necessary to save the mother’s life . The 1864 law made no exceptions for rape or incest. Doctors prosecuted under the law could face fines and imprisonment of two to five years.
Anti-abortion movement leaders hailed the ruling as an important step forward.
Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, a prominent anti-abortion group, hailed the ruling as a “tremendous victory for fetuses and their mothers,” saying her movement “must continue to fight”.
But they largely stood alone in support of the verdict. Some Arizona Republicans facing competitive reelection battles criticized the decision, despite their previous opposition to abortion rights.
Representative Juan Ciscomani, who said in 2022 that abortion laws should be left to the states, called the ruling “a disaster for women and providers.” And Representative David Schweikert, who has previously expressed support for overturning Roe and an abortion ban, wrote on social media, “This issue should be decided by the people of Arizona, not legislated from the bench.”
Still, the Arizona ruling underscores the political limitations of Republican efforts to address specific questions about the future of abortion access in more conservative states.
In Mr. Trump’s speech on Monday, he supported exceptions for rape, incest and the life of the mother, but he did not offer an opinion on whether the bans The state’s policy does not include whether those warnings – like the order in Arizona – should be applied.
Report contributed by Ruth Igielnik, Jack Healy, Annie Karni, Kellen Browning And Michael Gold.
