Leaders react to Arizona Supreme Court ruling on abortion

PHOENIX — Leaders, activists and groups across Arizona are reacting to the state Supreme Court's ruling to revert to a 1864 pre-statehood law, handing Arizona one of the strictest abortion bans in the country.

Under the new law, there are exceptions for saving the life of a mother, but no exceptions for rape or incest.

Arizona voters are expected to be able to weigh in on the matter in November - a ballot initiative aims to write abortion rights directly into the state constitution.

RELATED: A year in Arizona following the fall of Roe v. Wade

GOVERNOR KATIE HOBBS:

“Today’s Supreme Court decision is absolutely devastating for Arizona women and families who will now be forced to live with the threat of a Civil War era abortion ban. Arizonans do not support extreme abortion bans, Arizonans do not want politicians and the government dictating their personal healthcare decisions, and Arizonans do not want their freedoms taken away. 

With today’s ruling, it is more urgent than ever that Arizonans have the opportunity to vote to enshrine the right to abortion in our constitution this November. I’m confident that Arizonans will support this ballot measure, and I’m going to continue doing everything in my power to make sure it is successful.”

PRESIDENT JOE BIDEN:

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.

VICE PRESIDENT KAMALA HARRIS:

“Arizona just rolled back the clock to a time before women could vote – and, by his own admission, there’s one person responsible: Donald Trump.

“This even more extreme and dangerous ban criminalizes almost all abortion care in the state and puts women’s lives at risk. It provides no exceptions for rape, incest, or health. It’s a reality because of Donald Trump, who brags about being ‘proudly the person responsible’ for overturning Roe v. Wade, and made it possible for states to enforce cruel bans.

“The alarm is sounding for every woman in America: if he has the opportunity, Donald Trump would sign off on a national abortion ban. He has called for punishing women and doctors. If he wins, he and his allies have plans to ban abortion and restrict access to birth control, with or without Congress. It’s terrifying, but we are not powerless. President Biden and I are doing everything in our power to stop Trump and restore women's reproductive freedom, but it is going to take all of us. The American people believe that health care decisions should be made between women and their doctors, not politicians, and we are ready to stand up to fight for our most fundamental freedoms.”

FORMER GOV. DOUG DUCEY:

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 GOV. JAN BREWER (During a phone interview with ABC15):

I was a little bit shocked but I know they deliberated very diligently and they all came up with what they believe is the right thing to do according to their opinion. Unfortunately, I think that what they have caused now going back to the old, ancient, that has absolutely no exceptions for rape or incest, people could very well be forced to support the ballot initiative, which is so broad and out of control that it will be a disaster for those of us who are Pro-Life - And that is coming from the most Pro-Life Governor in the State of Arizona

This is going to create a lot of damage in our state of a lot of people and it's going to have a huge effect on the upcoming elections, I'm sure.

ATTORNEY GENERAL KRIS MAYES:

The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.

Today's decision to reimpose a law from a time when Arizona wasn't a state, the Civil War was raging, and women couldn't even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. 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.

SENATOR MARK KELLY:

“This disastrous decision sets women’s rights in our state back two centuries and means that Arizona women have now lost the right to an abortion. It will criminalize doctors for doing their jobs providing the most appropriate care to patients, which will undoubtedly have a devastating effect on the health and freedom of Arizona women and families. And it’s just not who we are as Arizonans,” said Kelly. “This backwards law may have been written 160 years ago, but it's going to be reinstated because of politicians who worked to overturn Roe v. Wade and its protections for abortion rights. I know this is a difficult day for so many Arizonans, and trust that I’m going to fight as hard as ever to restore reproductive rights so that Arizona women can once again make these decisions for themselves.”

SENATOR KYRSTEN SINEMA:

“A woman’s health care choices should be between her, her family, and her doctor. Today’s decision by the Arizona Supreme Court endangers women’s health, safety, and well-being.

“Arizonans should not be forced to travel out of state just to receive basic, sometimes even life-saving, health care.  Doctors and hospitals should not be punished for providing health care to their patients. Throughout my over 20 years of public service I’ve always supported women’s access to reproductive care, and I will work with anyone to protect Arizona women’s ability to make their own decisions about their futures.”

SENATE CANDIDATE KARI LAKE:

SENATE CANDIDATE/REP. RUBEN GALLEGO:

“Today’s ruling is devastating for Arizona women and their families. This is not what Arizonans want, and women could die because of it. Yet again, extremist politicians like Kari Lake are forcing themselves into doctors' offices and ripping away the right for women to make their own healthcare decisions. Lake called this a ‘great law’ - even though it will ban nearly all abortions, including in cases of rape or incest.

“Our fight against extremist bans like the one enacted today has never been more important — which is why I’m committed to doing whatever it takes to protect abortion rights at the federal level. This isn’t about partisanship — it’s about protecting Arizonans’ rights. And here in Arizona, we support a woman’s right to an abortion — which is why I am going to defeat Kari Lake and fight like hell to protect abortion rights once and for all.” 

REP. GREG STANTON:

“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. RAUL GRIJALVA:

“The Arizona Supreme Court’s ruling is a cruel and regressive decision that is part of the national assault by Republicans to ban and criminalize abortion nationwide. It underscores the importance of the upcoming election in November that will determine the future of reproductive rights in our state and across the country.”

“I applaud Attorney General Mayes’ commitment not to prosecute under a law from a time when Arizona was not even a state and women did not have the right to vote. I call for the Arizona legislature to permanently codify and safeguard the right to access affordable, comprehensive abortion care, and contraceptives for Arizonans without delay.”

“I will continue to push and support legislation in Congress, including the Women’s Health Protection Act, to protect the right to abortion throughout the United States, block the barrage of state bans and restrictions on abortion, and overturn Dobbs v. Jackson to ensure a person’s freedom to make decisions about their own reproductive health care is between them and a health care provider – not the government.”

MARICOPA COUNTY ATTORNEY RACHEL MITCHELL:

“Today’s Supreme Court decision is a serious one that needs to be addressed by lawmakers. It’s important for Arizonans to know that in the almost two years since the Dobbs decision, my office has not received a single request to prosecute an abortion case. I do not anticipate that today’s decision will change that. It is important to remember that under Arizona’s law, women who get an abortion cannot be prosecuted. Today’s ruling does not change that: women cannot and will not be prosecuted for receiving an abortion. My priority always has been to protect women, not prosecute them.

Likewise, I have made it clear that this office will not prosecute abortions that were the result of rape, incest, or molestation. As a career sex crimes prosecutor, I am keenly aware that the women - and girls - who get pregnant as victims of these crimes are not hypothetical situations - they are very real names and real faces to me.

Today’s ruling, rather than settling the issue, has raised issues and caused many to have legitimate and serious concerns. Even though my job is to enforce the laws, not make them, I urge the governor and legislature to take advantage of the Arizona Supreme Court’s decision to delay enforcement of the decision and come together to enact a reasonable law that takes these and other issues into account. In the meantime, we will continue to focus on the cases that always have been the priorities of this office: keeping the community safe by holding violent and repeat offenders accountable including those who would victimize women and children.”

ANGELA FLOREZ, PRESIDENT AND CEO OF PLANNED PARENTHOOD ARIZONA

“Today’s deplorable decision sends Arizona back nearly 150 years. We know that today’s ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access. Instead, it is the latest card in anti-abortion extremists’ deck of cruel and harmful tactics to strip Arizonans of their right to live under a rule of law that respects our bodily autonomy and reproductive decisions. It is unfortunate and unacceptable that Arizonans cannot even depend on our Supreme Court to look past personal ideology and impartially apply the law.

We know that abortion bans, including this one from the Civil War-era, are rooted in America’s legacy of racism and discrimination. This near-total abortion ban will be catastrophic for patient care and will have the greatest impact on Black, Indigenous, Latino, and other people of color, young people, LGBTQ+ people, and undocumented people.

Let me be clear, this is not the end of our fight. This law has no place in Arizona. While today we feel frustrated and dismayed with the Court for stripping our legal right to essential health care, we must harness our anger and take action. We must spread the word and urge our lawmakers to support reproductive freedom and bodily autonomy.”

DR. JILL GIBSON, CHIEF MEDICAL OFFICER AT PLANNED PARENTHOOD ARIZONA:

“Today is a dark day for Arizona. As a doctor, I know first-hand that abortion bans and criminalizing abortion do not reduce the very real need and demand for this essential health care. Instead, bans force people to carry unwanted pregnancies, seek abortion outside of the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care – which is simply not possible for many Arizonans.

I took an oath as a physician to provide nonjudgmental, safe, compassionate and evidence-based care for my patients. And to soon not be able to provide my patients with that care is completely unacceptable and antithetical to my medical obligations and unfair and unjust to our community.

This case will not be the last attempt by anti-abortion activists to roll back rights. While our Legislature and our courts have failed us, Planned Parenthood Arizona will keep fighting.”

ACLU OF ARIZONA:

"Today's shameful decision to allow an antiquated and dangerous near-total abortion ban to be enforced will have tragic consequences for Arizonans and their families. Arizonans deserve the right to make personal decisions about their reproductive health care, free from government interference. We are devastated by today's ruling but we remain committed to defending reproductive freedom in the courts, at the legislature, as well as in communities across the state towards the passage of the Arizona for Abortion Access Act this November. The urgency to enshrine the right to abortion in our state's constitution has never been more necessary."

REP. ANALISE ORTIZ:

The Arizona Supreme Court just ruled that the state's Civil-War era total ban on abortion can be enforced.

This means that nearly all abortions in the state will be illegal.

There is a 45 day window for implementation, meaning that if you or anyone you know may need abortion care that there will be time to access that care. If you or anyone you know may need care after this period, there are resources and a statewide abortion fund that has networks established and an ability to work with out of state providers already. Please know that there are resources and to reach out if you need support.

I am devastated. No matter how one might personally feel about abortion, the government should not interfere with a person's right to choose for themselves whether abortion is the right option for them. This decision will lead to desperate and deadly outcomes for pregnant people. No one should be forced to give birth against their will nor should they have to travel out-of-state to access healthcare. And they most certainly should not have to risk their lives due to a lack of access to abortion.

For decades, Arizona politicians have forced themselves into our private, personal health care decisions. Today's ruling shows they'll stop at nothing to strip us of the freedom to make personal, medical decisions for ourselves.

I will not stop fighting, Kianey, and you are not alone.

Please reach out if you have any further questions or need resources.

Sincerely,
Rep. Analise Ortiz

DEMOCRATIC CONGRESSIONAL CANDIDATE MARLENE GALAN-WOODS:

"This is a devastating and draconian decision that will be celebrated by anti-choice extremists like David Schweikert who want to systematically dismantle reproductive freedom and access to life-saving healthcare in Arizona," Galán-Woods said. "Here in Arizona, we have the opportunity to enshrine abortion rights in our constitution this fall and we must pass this amendment to protect women across the state. However, we must also stop these attacks on our fundamental rights and freedoms by replacing these extremists with strong pro-choice champions, and passing a national law protecting abortion access. I will work tirelessly to ensure that my daughters, and women and girls across the country, continue to have access to reproductive healthcare and have power over their own bodies."

ARIZONA RIGHT TO LIFE:

In response to today's ruling by the Arizona Supreme Court, we are delighted that the court recognized and upheld Arizona's long history of protecting unborn babies and their mothers.

Arizona Right to Life will continue to work to tirelessly to educate the voters to ensure the truth about the Arizona Abortion Act-- which would legalize abortion up to birth, their words, after fetal viability. Arizona Right to Life will also continue Arizona's pro-life legacy.

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE SPOKESPERSON MAEVE COYLE:

“This terrible ruling underscores the threat Kari Lake’s power hungry politics pose to Arizona’s women and families. She has been a long and loud advocate for taking away women’s freedom to make their most personal medical decisions for themselves – including supporting the 1864 law that Arizonans must now live under outlawing nearly all abortions, without exceptions for rape or incest and imposing criminal punishments on doctors. To restore their rights and freedoms, Arizonans must reject this abortion ban and reject Kari Lake at the ballot box.”

BERNADETTE TASY (ALLIANCE DEFENDING FREEDOM):

“Life is a human right, and today’s decision allows the state to respect that right and fully protect life again—just as the legislature intended,” said ADF Senior Counsel Jake Warner, who argued before the court. “Life begins at conception. At just six weeks, unborn babies’ hearts begin to beat. At eight weeks, they have fingers and toes. And at 10 weeks, their unique fingerprints begin to form. Arizona’s pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, have repeatedly affirmed that law, including as recently as 2022. We celebrate the Arizona Supreme Court’s decision that allows the state’s pro-life law to again protect the lives of countless, innocent unborn children.”

STATE SENATOR T.J. SHOPE:

Just a few years ago, when I voted to limit abortions to 15-Weeks (almost four months) in Arizona, I believed then, as I do now, that 15 weeks is what my district believes to be an appropriate timeline. Outreach from my constituents confirmed that to be the case. Today’s Arizona Supreme Court decision reinstating an Arizona Territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least and has ignored our legislative intent. I will immediately work with my legislative colleagues to repeal the territorial law so that the policy we placed in Statute, just two years ago, that places reasonable limitations on abortion that a majority of Arizonans support, can stand. #AZLeg

REP. MATT GRESS:

"Today, the Arizona Supreme Court has ruled an 1864 abortion law passed by Arizona’s first Territorial Legislature will be the law of the land in 2024. This territorial law which was last updated in 1913 bans abortions, except to save the life of the mother.

Let me be very clear: This decision cannot stand.

I categorically reject rolling back the clock to a time when slavery was still legal and where we could lock up women and doctors because of an abortion. I cannot and will not condemn women, especially the victims of rape or incest, to be forced to carry their pregnancy to term. We need a policy that protects the rights of women and protects new life. We need laws that respect women and the difficult decision to end a pregnancy in the early stages, before the fetus can feel pain or live outside the womb. And we need to ensure access to contraceptives and IVF.

I believe that a 15-week abortion policy with reasonable exceptions, including rape, incest, and life of the mother, is appropriate. That’s not just my view, but the opinion of most Arizonans living in the year 2024.

The extremes want us to see this issue in black and white. But we all know that abortion is far more complex. The many women who’ve shared their personal stories with me of getting abortions did not make that decision lightly. In fact, for some, it was one of the most difficult. As policymakers, we should be looking for ways to empower these women – not take them back in time.

Yet here we are in 2024, with polar opposite sides seeking to exploit and divide us on an issue where the vast majority agree. Going too far on either side – territorial bans or partial-birth abortions – only distracts us from an even more important matter: women’s health.

Why aren’t we talking about the fact that of all the Arizona mothers who die from pregnancy or delivery complications, 90% of those deaths were preventable. We should be passing laws that open the doors for more OBGYNs to come to our state, especially in rural and tribal areas. Until two years ago, our state Medicaid program was paying only a fraction of the actual cost to deliver a baby, despite covering over half of the births in our state. These are just a few examples of the gender-based disparities in healthcare today.

I could also list the studies on prevalent misdiagnoses or the disbelief and undertreatment of women’s pain or the woefully inadequate investment in research on women’s health conditions.

But the sensational, cynical, and dishonest politics of the abortion debate have crowded out serious and real policies that protect women and new life.

Abortion as a political wedge issue needs to end. I call on President Petersen and Speaker Toma to immediately bring to the floor a measure that will repeal the territorial ban and restore modern-day protections for Arizona women."