The Arizona Supreme Court ruling that reinstated a 1864 law banning virtually all abortion has left Republicans scrambling to align themselves with the GOP, without alienating voters in the competitive swing state.
The newly recognized law, which predates Arizona gaining statehood, makes abortion a felony and could penalize those who perform abortions or assist people in accessing abortions with prison sentences of two to five years.
Abortion has proved to be a challenging issue for Republicans in the 2024 election cycle - though overturning Roe v Wade was one of the party's long term goals, in the aftermath of their Supreme Court victory the GOP has found that reproductive rights is a losing issue on the ballot box.
Former President Donald Trump, who takes credit for the Supreme Court overturning Roe v. Wade, released a four-minute video this week insisting that abortion should be left up to the states to decide.
"My view is now that we have abortion where everybody wanted it from a legal standpoint," he said. "But we must win. We have to win."
Arizona Senate candidate Kari Lake, who previously endorsed the 1864 law, aligned herself with the former president in a statement this week.
"I oppose today's ruling," she said. "I wholeheartedly agree with President Trump - this is a very personal issue that should be determined by each individual state and her people."
Fellow Republican House member David Schweikert, who described himself as "pleased" when Roe v. Wade was overturned, also objected to the ruling.
"This issue should be decided by Arizonans, not legislated from the bench," he said.
Since 2022, leaving abortion access up to voters almost always results in protecting abortion rights, rather than restricting them. Even in Republican-dominated states, like Kentucky, Kansas and Montana, putting abortion on the ballot has resulted in pro-choice victories.
Other anti-abortion members of the Arizona Republican Party also objected to the law - citing its punitive punishments and lack of exceptions for rape and incest.
"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," Republican State Representative Matt Gress said in a statement. "We need a policy that protects the rights of women and protects new life."
Republican consultant Stan Barnes described the decision as a "shock to the Republican body politic in Arizona," the Washington Post reported.
Among those who have devoted their careers to restricting abortion access, however, the ruling was a moment of triumph. Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, described the ruling as an "enormous victory for unborn children and their mothers."
Cathi Herrod, one of Arizona's most prominent anti-abortion activists also celebrated the court's decision. "There's a long way to go to establish a culture of life," she said, according to the New York Times. "Today was the right legal decision."
