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National Review
National Review
10 Apr 2024
James Lynch


NextImg:Trump Says Arizona Supreme Court Went Too Far in Upholding 1864 Abortion Law

Former president Donald Trump came out against the Arizona supreme court ruling upholding a 19th century abortion ban in comments to reporters on Wednesday, and predicted that the law would soon be repealed in favor of less restrictive legislation.

The Arizona supreme court issued a ruling Tuesday upholding the 1864 law, which bans all abortions except those deemed necessary to save the life of the mother. Asked by a reporter whether the ruling went “too far,” Trump said it did.

“Yeah, they did. That’ll be straightened out. As you know it’s all about state’s rights. It’ll be straightened out,” Trump told reporters.

“I’m sure that the governor and everybody else are going bring it back to within reason,” he added. Trump also rejected a federal abortion ban, telling reporters he would not sign one if congress sent it to his desk as president.

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The former president’s comments on the Arizona decision took place two days after he laid out his abortion policy for the 2024 general election matchup against President Joe Biden. In a video posted to Truth Social, Trump called for abortion to be left up to states, seemingly rejecting a federal ban supported by pro-life organizations.

“My view is now that we have abortion where everybody wanted it from a legal standpoint, the states will determine by vote or legislation or perhaps both, and whatever they decide must be the law of the land. In this case, the law of the state,” Trump said.

Pro-life advocacy groups and politicians immediately slammed Trump upon his announcement and accused him of surrendering the issue to Democrats. Senator Lindsey Graham (R., S.C.) and former vice president Mike Pence were among those critical of Trump’s abortion position in favor of state’s rights.

Trump typically flexes his pro-life credentials by touting the appointments of pro-life Supreme Court justices, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, who all voted to overturn Roe v. Wade in 2022 and defer the legality of abortion to states. In response to Graham and Pence, Trump mentioned his “victory” on Roe and asserted his position is in line with conservative ideas over the last half century.

Arizona is expected to be a hotly contested swing-state this November in a repeat of the 2020 election cycle. Abortion was already expected to play a central role in pivotal swing-state elections, and the Arizona supreme court decision is likely going to make the issue an even more important factor in deciding who ultimately wins.

Arizona Republicans, including Senate candidate Kari Lake, Representative Juan Ciscomani and former governor Doug Ducey all came out against the state supreme court ruling on Tuesday.

“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,” Ducey said on X.

“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.”

Ciscomani, a swing-district lawmaker, called the 19th century law “archaic” and touted the state’s 15 week abortion ban. He urged Arizona to come to a bipartisan compromise to sort out the state’s abortion law.

Republican Senate campaign chief Steve Daines advised candidates to stake out their position on the issue instead of letting Democrats define them.

“It’s important that voters know where the candidates stand, and to not run away from the issue,” Daines told National Review reporter Audrey Fahlberg yesterday inside the U.S. Capitol.

Lake voiced her opposition the Arizona supreme court ruling and a federal abortion ban and after previously supporting the 1864 law. She is promising to support economic benefits for families such as expanding the child tax credit and paid family leave.

Arizona governor Katie Hobbs (D) came out strongly against the state supreme court ruling on Tuesday and assured women she will be taking “immediate action” to protect abortion access.

“And in the upcoming months, I will continue working with lawmakers to pass common sense legislation to make sure Arizonans can continue to receive the reproductive healthcare they need,” Hobbs said in a video message.

Arizona’s current legislative session is scheduled to end in a matter of days. Republicans hold majorities in the state house and senate.