Democrats wasted no time capitalizing on the recent ruling from Arizona's high court, which upheld a 160-year-old abortion ban. They swiftly organized press conferences in swing states across the country, attributing the ban to former Republican President Donald Trump and accusing him of eliminating the nationwide right to abortion. The decision from Arizona's conservative Supreme Court sent shockwaves through the battleground state, which is expected to play a crucial role in the upcoming presidential election and is also home to one of the country's most high-profile Senate races.
Strategists from both parties believe that the ruling, which effectively outlaws nearly all abortions, will push moderate voters, including those leaning Republican, towards the Democrats. Additionally, they expect the ruling to mobilize young voters and voters of color. In the 2020 election, President Joe Biden narrowly defeated Trump in Arizona by fewer than 11,000 votes out of 3.3 million cast, making the state's political landscape even more critical.
"This was an earthquake of epic proportions in Arizona politics," said Barrett Marson, a Phoenix-based Republican strategist. "Anytime Republicans are talking about abortion, they're losing. Now, I think the only issue is going to be abortion."
In an attempt to distance himself from the ruling, Trump stated on Wednesday that the Arizona Supreme Court had gone too far, while still defending the U.S. Supreme Court decision that allowed states to restrict abortion. He called on Arizona's Republican-controlled legislature and Democratic governor to amend the law, emphasizing the importance of states' rights.
Following the ruling, Democrats in the Arizona statehouse made efforts to repeal the 1864 law, but their attempts were shut down by Republican leaders. The Republican leaders urged patience, noting that the law would not take effect for weeks and promising to use that time to listen to voter concerns.
Democratic state Senator Anna Hernandez, whose motion to repeal the law was interrupted by a Republican gavel to adjourn the session, vowed that reviving the ban would backfire politically on Republicans.
Jen Cox, senior advisor for President Joe Biden's campaign in Arizona, squarely blamed Trump for the ruling. "What's happening in Arizona is only possible because Donald Trump overturned Roe v. Wade - it's cruel and it's a direct threat to our health and freedoms," she said.
Democrats have made it clear that they intend to make abortion a central issue in the November elections, especially following the Supreme Court's 2022 decision, which overturned the landmark 1973 Roe v. Wade decision and declared that abortion is not constitutionally protected. This decision galvanized Democratic voters and was widely credited with helping the party over-perform in the 2022 congressional midterm election.
Reproductive rights advocates are working to put a ballot measure before voters in November that would enshrine abortion protections in the Arizona state constitution. Organizers say they have already gathered the signatures needed to qualify the referendum for the ballot. The campaign behind the ballot initiative, Arizona for Abortion Access, received a deluge of messages from residents asking how to help in the wake of Tuesday's ruling, crashing its website, spokesperson Dawn Penich said.
Trump had attempted to neutralize the issue on Monday, stating that abortion rights should be left up to individual states and reiterating his support for exceptions in cases of rape, incest, and threats to the mother's life. However, a day later, the Arizona Supreme Court threw out the state's 15-week limit in favor of an 1864 law that predates Arizona statehood and bans abortions except when needed to save the mother's life.
Following the ruling, Democrats held press events focused on reproductive rights in Arizona, as well as other battleground states such as Georgia, Florida, and North Carolina. Vice President Kamala Harris is scheduled to visit Arizona on Friday, the White House said.
The Biden campaign also increased its spending in Arizona on a powerful advertisement released on Monday, in which a Texas woman tearfully describes almost dying after she was denied an abortion following a miscarriage. The ad flashes the words "Donald Trump did this" across a black screen as her sobs continue in the background.
When asked at the White House on Wednesday what he would say to the people of Arizona, Biden replied, "Elect me."
Gunner Ramer, the political director for the anti-Trump Republican Accountability political action committee, said the ruling would bolster Democratic efforts to portray Republicans as too extreme. "This presents a great opportunity for Biden to go on offense against Trump," he said.
The issue has become so damaging for Republicans that Kari Lake, the Republican frontrunner for the Arizona Senate race, disavowed the law, even though she called the 1864 ban a "great law" during her unsuccessful campaign for governor in 2022. Her likely Democratic opponent, U.S. Representative Ruben Gallego, called Lake an "extremist" and blamed her and other similar Republicans for the ban.
State statistics show that in 2022, the latest year for which data was available, there were 11,407 abortions performed in Arizona. About half were done surgically and half through medication; both methods will soon be outlawed. More than 90% were done before 14 weeks of pregnancy. Nearly 45% of abortions were given to Hispanic or Latino women, according to state data.