Arizona Democrats Eye Opportunity in 1864 Abortion Ban

Article Summary –

Democrats in Arizona are leveraging the abortion debate to garner voter support, despite the legal ambiguity surrounding the Republican-backed 15-week abortion ban. Some Republicans are pushing to replace this law with an even more restrictive 19th-century law that completely bans the procedure. Abortion rights groups have launched a petition to secure a ballot measure that would enshrine abortion access up to “fetal viability” in the state constitution, which has already received 250,000 signatures, with a target of 400,000 by July to put the question to voters in the fall.


Arizona Democrats Eager for Abortion Access Debate Amid Legal Disputes Over Republican-Backed Restrictions

Democrats in battleground state Arizona are ready for a fight regarding abortion access, a crucial issue as they seek to support President Biden and retain a key Senate seat. However, the battle has become complicated due to legal disputes surrounding which Republican-endorsed restrictions will take effect by November.

In 2022, Republicans introduced a 15-week abortion ban with few exceptions, backed by anti-abortion organizations. Now, some Republicans are advocating for an even tighter law from the 1800s, which essentially prohibits abortion. The Democratic Party, although strongly opposing both laws, recognize that a near-total ban could motivate voters to turn out.

Ever since the Supreme Court’s decision in the Dobbs case overturned Roe v. Wade and let states decide, voters have come out in force supporting measures to protect abortion access, even in Republican-led states. If the stricter ban is upheld, it could potentially benefit Democrats campaigning on access to abortion, suggests Tresa Undem, a public opinion researcher studying abortion.

Arizona’s 15-Week Abortion Ban and its Legal Ramifications

Various courts interpreted Arizona’s 15-week abortion ban, signed by former Gov. Doug Ducey, in different ways. This ban was expected to pave the way for restrictions enacted in 1864 when Arizona was still a territory. This law, reinstated in Arizona after Roe was overturned, mandates prison time for anyone aiding a woman in getting an abortion and does not include exceptions for rape or incest.

The attention now turns to the Arizona Supreme Court, set to issue a final ruling on the competing abortion bans. Democrats in Arizona are well aware of the political implications; a stricter law might boost voters favoring abortion access, thereby aiding Democrats. However, the potential reality of women losing access to abortion is a far weightier issue than any strategic considerations.

Abortion Rights Groups Gathering Signatures for Ballot Measure

Separately, abortion rights groups in Arizona are collecting signatures to enshrine abortion access until “fetal viability,” or about 24 weeks, into the state constitution, reverting to the standard set by Roe v. Wade. Opponents argue that the proposed language is too broad and would “slash common-sense safety standards and precautions.” Advocates are confident that Arizonans would approve the measure if put to a vote, stating “This is a human rights issue, this is a women’s rights issue.”

Impact on the Ballot Box and the Role of Republicans

The prominence of the abortion debate could potentially benefit Arizona Democrats at the ballot box. However, when abortion access measures have appeared on ballots in recent elections, the issue has attracted moderate and conservative voters in larger numbers. Meanwhile, Republicans are attempting to pivot on the issue, with some expressing openness to proposed ballot measures limiting abortion.

Cathi Herrod, president of the Center for Arizona Policy, a conservative lobby group backing both of Arizona’s abortion bans, anticipates voters opposing wider access to abortion in the state come November.

The Abortion Debate and its Impact on Arizona’s State Legislature

The abortion debate has notably divided Arizona’s state legislature, controlled by Republicans with thin margins in both chambers. Democratic state senator Eva Burch, during a speech on the floor recently, highlighted the barriers she encountered when trying to get an abortion for a recent pregnancy with no chance of survival.

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