Politics / April 26, 2024

Republicans Are in Damage Control Mode Over Abortion

Arizona’s 1864 abortion law has local party leaders flailing to avoid alienating voters.

Sasha Abramsky
Arizona Republican Senate Candidate Kari Lake Meets With Lawmakers At The Capitol

Arizona Republican Senate candidate Kari Lake speaks with reporters after leaving the office of Senate minority leader Mitch McConnell on Capitol Hill.

(Kent Nishimura / Getty Images)

With abortion now at the forefront of the election campaign, Arizona Republicans spent the week tying themselves in knots in an effort to appease both those who want a total abortion ban, of the kind recently reinstated by the state’s Supreme Court, and those who want a “moderate” 15-week ban. The result, all too predictably, was chaos.

Kari Lake, who unsuccessfully ran for the governorship in 2022 on a Trumpian platform of election denialism and harsh anti-immigrant sentiments and is now the front-runner to become the GOP’s candidate for the upcoming US Senate race, couldn’t work out which side of the issue she was on. The television news anchor cum politician, who once supported banning abortion pills and reinstating the 1864 territorial-era law that bars all abortions and imprisons abortion providers, now doesn’t support banning all abortions. Instead, she told NBC, she favors an Arizona law signed by Governor Ducey in 2022 that, if it ends up replacing the reinstated territorial law, would ban abortions after 15 weeks of pregnancy.

Lake’s newly moderate positions holds, except when it doesn’t. Speaking to a newspaper in Idaho—a state that has an even more extreme abortion ban in place, so extreme that US Supreme Court Chief Justice Roberts and Justice Amy Coney Barrett might actually vote with the liberals in holding it to be unconstitutional—she suggested that she does, indeed, support the draconian 1864 law. “Unfortunately,” she said, “the people running our state have said we’re not going to enforce it.”

Meanwhile, in the state legislature, a majority of Republicans spent a week blocking efforts to overturn the law, which is slated to kick in in early June unless it is repealed before then. Behind the scenes, many also plotted ways to sabotage the abortion rights initiative heading to the ballot this November. A leaked memo showed elected officials looking for ways to qualify multiple different “abortion rights” initiatives, most of which wouldn’t genuinely protect abortion access, and would in fact add an array of restrictions around abortion into the state Constitution, in order to dilute support for the Arizona for Access initiative. That initiative, which already has far more than enough signatures to qualify for the ballot, actually would enshrine abortion rights into the state Constitution. Abortion rights advocates will be going all out in the coming months to educate voters about it and bring them out to the polls come November.

If the Supreme Court ruling takes effect, Arizona will join states such as Texas and Idaho in imposing a near-total and harshly punitive abortion ban, against the wishes of a vast majority of its voters. So on Wednesday of this week, a coalition of three moderate Republicans—Timothy Dunn, Matt Gress, and Justin Wilmeth—joined Democrats in the House to finally pass that repeal of the territorial law. It has now been sent over to the Senate, where Republicans only have a two-seat majority—and where two GOP senators have already indicated that they want to repeal the legislation and replace it with a 15-week limit on abortion. It is more than likely that a repeal bill will soon head to Governor Katie Hobbs’s desk for her signature.

None of this bodes well for the GOP. Whether the state legislature gets its act together to repeal the 1864 law or not, at this point the GOP owns the mess. The party is at war with itself over whether and how to limit abortion access, pragmatists who can read the political tea leaves versus purists who want to push for ever-more-restrictive abortion policies.

Current Issue

Cover of April 2024 Issue

The legislative fix pushed to nullify the 1864 law—a fix that should have been a no-brainer for the GOP to adopt—will pass, if it does pass, only because a few sensibly moderate Republicans were willing to break with the majority of their party colleagues and vote with a united Democratic caucus in favor of repeal. Even then, it’s hardly a dream bill for abortion rights advocates, failing to include exceptions for victims of rape or incest who require abortions after the 15th week of pregnancy.

Moreover, the repeal won’t kick in for 90 days, meaning there will be a gap of several weeks between the law kicking in and the repeal taking effect. During those weeks, if abortion is temporarily forbidden in Arizona, the Democrats will certainly make as much political hay as possible—and many Arizona providers, who, as a result of legislation being fast-tracked through the California legislature will soon be allowed to practice across the state line, will likely temporarily shift their business to border towns on the California side. As a result, while Republicans try to shift the conversation onto other issues, Democrats will have a golden opportunity for months on end to paint the GOP as extremists unconcerned about driving women out of state to seek basic medical care.

Meanwhile, on the right, there are growing rumblings of discontent from the anti-choice voters who make up the GOP base, who worry that they’re now being sold out by politicians more interested in favorable poll numbers than in ideological purity or consistency around abortion. Anti-choice legislators slammed their three colleagues for voting with the Democrats to repeal the 1864 law, and shortly after the vote Gress was removed from his position on the House Appropriations Committee. House Speaker Ben Toma wrote that he was “deeply disappointed” in the outcome. Susan B. Anthony Pro-Life America President Marjorie Dannenfelser put out a statement mourning the babies who would be aborted after repeal of “Arizona’s strongest pro-life law.”

Barely six months out from the election, Arizona’s abortion battles have heated up to the boiling point. For the Republicans, the timing couldn’t have been worse.

Thank you for reading The Nation!

We hope you enjoyed the story you just read, just one of the many incisive, deeply-reported articles we publish daily. Now more than ever, we need fearless journalism that shifts the needle on important issues, uncovers malfeasance and corruption, and uplifts voices and perspectives that often go unheard in mainstream media.

Throughout this critical election year and a time of media austerity and renewed campus activism and rising labor organizing, independent journalism that gets to the heart of the matter is more critical than ever before. Donate right now and help us hold the powerful accountable, shine a light on issues that would otherwise be swept under the rug, and build a more just and equitable future.

For nearly 160 years, The Nation has stood for truth, justice, and moral clarity. As a reader-supported publication, we are not beholden to the whims of advertisers or a corporate owner. But it does take financial resources to report on stories that may take weeks or months to properly investigate, thoroughly edit and fact-check articles, and get our stories into the hands of readers.

Donate today and stand with us for a better future. Thank you for being a supporter of independent journalism.

Thank you for your generosity.

Sasha Abramsky

Sasha Abramsky, who writes regularly for The Nation, is the author of several books, including Inside Obama’s Brain, The American Way of PovertyThe House of 20,000 Books, Jumping at Shadows, and, most recently, Little Wonder: The Fabulous Story of Lottie Dod, the World’s First Female Sports Superstar. Subscribe to The Abramsky Report, a weekly, subscription-based political column, here.

More from The Nation

Donald Trump in court sitting at the defendant's table, flanked by his lawyers.

Does Donald Trump Want to Go to Jail? Does Donald Trump Want to Go to Jail?

I know, he’s a big man-baby and he’d hate even a minute of it. But his martyr complex could overcome his cowardice.

Joan Walsh

Donald Trump at a podium in front of an American flag.

Donald Trump Is Scared of Women Voters on Abortion Donald Trump Is Scared of Women Voters on Abortion

He evaded Time magazine’s abortion questions repeatedly. What can we learn? He will do anything that benefits him.

Joan Walsh

Senator Steve Daines (R-MT) listens during a news conference following a Senate Republican policy luncheon at the US Capitol on March 20, 2024.

Republican Senators Are a Bigger Threat to the Constitution Than Trump Republican Senators Are a Bigger Threat to the Constitution Than Trump

Senators who are supposed to check Trump’s abuses are supporting his immunity claims instead.

John Nichols

Gov. Kristi Noem speaking on a stage outside, wearing a red

I’m Sad for Kristi Noem’s Daughter, Not Just Her Puppy I’m Sad for Kristi Noem’s Daughter, Not Just Her Puppy

The South Dakota governor traumatized her child by killing her dog.

Joan Walsh

John Rawls in 1987

To Imagine a Better Future, Look to John Rawls To Imagine a Better Future, Look to John Rawls

While we cannot change the world with dreams alone, moral ideas can inspire people to come together and change their societies for the better.

Daniel Chandler

House Ways and Means Committee Chairman Jason Smith (R-MO) and ranking member Richard Neal, (D-MA) in the Longworth House Office Building in Washington, DC.

The Bipartisan War on Pro-Palestinian Activism The Bipartisan War on Pro-Palestinian Activism

A House bill asks the Treasury to revoke the nonprofit status of suspected “terrorist supporting organizations.” Advocates are already singling out Muslim and Palestinian groups.

Chris Lehmann