Lawmakers, groups and others react to Arizona Supreme Court’s ruling on abortion access
PHOENIX (AZFamily) — Lawmakers and elected officials, past and present, along with groups, advocates, activists and others are sounding off on the Arizona Supreme Court’s ruling establishing that the state can enforce a territorial law from 1864 that criminalizes nearly all abortions.
Below are reactions to the decision that was released just before 10 a.m. on Tuesday:
Gov. Katie Hobbs via X (formerly Twitter):
“It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
But my message to Arizona women is this: I won’t rest, and I won’t stop fighting until we have secured the right to abortion.
That is my promise to you.”
See the governor’s full statement at the end of this report.
Maricopa County Attorney Rachel Mitchell:
“Today’s Supreme Court decision is a serious one that needs to be addressed by lawmakers. It’s important for Arizonans to know that in the almost two years since the Dobbs decision, my office has not received a single request to prosecute an abortion case. I do not anticipate that today’s decision will change that. It is important to remember that under Arizona’s law, women who get an abortion cannot be prosecuted. Today’s ruling does not change that: women cannot and will not be prosecuted for receiving an abortion. My priority always has been to protect women, not prosecute them.
Likewise, I have made it clear that this office will not prosecute abortions that were the result of rape, incest, or molestation. As a career sex crimes prosecutor, I am keenly aware that the women - and girls - who get pregnant as victims of these crimes are not hypothetical situations - they are very real names and real faces to me.
Today’s ruling, rather than settling the issue, has raised issues and caused many to have legitimate and serious concerns. Even though my job is to enforce the laws, not make them, I urge the governor and legislature to take advantage of the Arizona Supreme Court’s decision to delay enforcement of the decision and come together to enact a reasonable law that takes these and other issues into account. In the meantime, we will continue to focus on the cases that always have been the priorities of this office: keeping the community safe by holding violent and repeat offenders accountable including those who would victimize women and children.”
“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. 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.”
Angela Florez, president and CEO of Planned Parenthood Arizona:
“Today’s deplorable decision sends Arizona back nearly 150 years. We know that today’s ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access. Instead, it is the latest card in anti-abortion extremists’ deck of cruel and harmful tactics to strip Arizonans of their right to live under a rule of law that respects our bodily autonomy and reproductive decisions. It is unfortunate and unacceptable that Arizonans cannot even depend on our Supreme Court to look past personal ideology and impartially apply the law.
We know that abortion bans, including this one from the Civil War-era, are rooted in America’s legacy of racism and discrimination. This near-total abortion ban will be catastrophic for patient care and will have the greatest impact on Black, Indigenous, Latino, and other people of color, young people, LGBTQ+ people, and undocumented people.
Let me be clear, this is not the end of our fight. This law has no place in Arizona. While today we feel frustrated and dismayed with the Court for stripping our legal right to essential health care, we must harness our anger and take action. We must spread the word and urge our lawmakers to support reproductive freedom and bodily autonomy.”
President Joe Biden:
“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest. This cruel ban was first enacted in 1864—more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote. This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.
Vice President Harris and I stand with the vast majority of Americans who support a woman’s right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state.”
Joint statement from Senate President Warren Petersen and House Speaker Ben Toma:
“The Supreme Court has made its decision, and it was one based solely on the text of the law — it was not a policy statement. It’s important to note, there is at least a 60-day waiting period before any change in the existing law occurs. During this time, we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”
Arizona Attorney General Kris Mayes:
“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.
Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”
Sen. T.J. Shope:
“Just a few years ago, when I voted to limit abortions to 15- Weeks (almost four months) in Arizona, I believed then, as I do now, that 15 weeks is what my district believes to be an appropriate timeline. Outreach from my constituents confirmed that to be the case. Today’s Arizona Supreme Court decision reinstating an Arizona Territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least and has ignored our legislative intent. I will immediately work with my legislative colleagues to repeal the territorial law so that the policy we placed in Statute just two years ago, that places reasonable limitations on abortion, can stand.”
U.S. Senator Mark Kelly:
“This disastrous decision sets women’s rights in our state back two centuries and means that Arizona women have now lost the right to an abortion. It will criminalize doctors for doing their jobs providing the most appropriate care to patients, which will undoubtedly have a devastating effect on the health and freedom of Arizona women and families. And it’s just not who we are as Arizonans.
This backwards law may have been written 160 years ago, but it’s going to be reinstated because of politicians who worked to overturn Roe v. Wade and its protections for abortion rights. I know this is a difficult day for so many Arizonans, and trust that I’m going to fight as hard as ever to restore reproductive rights so that Arizona women can once again make these decisions for themselves.”
Jake Warner, senior counsel at Alliance Defending Freedom (ADF):
“Life is a human right, and today’s decision allows the state to respect that right and fully protect life again—just as the legislature intended. Life begins at conception. At just six weeks, unborn babies’ hearts begin to beat. At eight weeks, they have fingers and toes. And at 10 weeks, their unique fingerprints begin to form. Arizona’s pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, have repeatedly affirmed that law, including as recently as 2022. We celebrate the Arizona Supreme Court’s decision that allows the state’s pro-life law to again protect the lives of countless, innocent unborn children.
We conclude that [Arizona’s law] does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts [the law], but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed by Dobbs v. Jackson Women’s Health Organization,” the court wrote in its opinion in Planned Parenthood Arizona v. Mayes. “Absent the federal constitutional abortion right, and because [the law] does not independently authorize abortion, there is no provision in federal or state law prohibiting [the law’s] operation. Accordingly, [Arizona’s law] is now enforceable.”
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America:
“Today’s decision to allow Arizona’s archaic, near-total abortion ban to be enforced is devastating for reproductive freedom. People across the state have lost the freedom to decide what is best for their bodies and lives, without government interference. We have already seen the effect of similar bans in states like Texas and Oklahoma, where some patients have been unable to get care even when their lives are at risk and health care providers fear criminalization. This is untenable, and it is not what the majority of Arizonans want. For Arizonans, the government doesn’t belong in their personal reproductive health decisions. Our movement is strong, and Planned Parenthood will continue fighting alongside Arizonans to ensure that everyone can make decisions about their health and lives.”
Arizona House Democrats via X:
“This is a devastating day, but we are far from being defeated. How can we be defeated when the vast majority of Arizona support the right to get an abortion and want government out of our private healthcare decisions?”
Kari Lake, Republican candidate for U.S. Senate:
“In addition to covering the state of Arizona as a fair and honest journalist for 27 years, I have traveled to every corner of this state on the campaign trail. I speak to more Arizonans than anyone and it is abundantly clear that the pre-statehood law is out of step with Arizonans.
I am the only woman and mother in this race. I understand the fear and anxiety of pregnancy, and the joy of motherhood. I wholeheartedly agree with President Trump — this is a very personal issue that should be determined by each individual state and her people. I oppose today’s ruling, and I am calling on Katie Hobbs and the State Legislature to come up with an immediate common sense solution that Arizonans can support. Ultimately, Arizona voters will make the decision on the ballot come November.”
U.S. Sen. Kyrsten Sinema:
“A woman’s health care choices should be between her, her family, and her doctor. Today’s decision by the Arizona Supreme Court endangers women’s health, safety, and well-being.
Arizonans should not be forced to travel out of state just to receive basic, sometimes even life-saving, health care. Doctors and hospitals should not be punished for providing health care to their patients. Throughout my over 20 years of public service I’ve always supported women’s access to reproductive care, and I will work with anyone to protect Arizona women’s ability to make their own decisions about their futures.”
Phoenix Mayor Kate Gallego via X:
“Today’s Supreme Court decision is a devastating blow to Arizona women.”
Jared Keenan, legal director of the ACLU of Arizona:
“Today’s shameful decision to allow an antiquated and dangerous near-total abortion ban to be enforced will have tragic consequences for Arizonans and their families. Arizonans deserve the right to make personal decisions about their reproductive health care, free from government interference. We are devastated by today’s ruling but we remain committed to defending reproductive freedom in the courts, at the legislature, as well as in communities across the state towards the passage of the Arizona for Abortion Access Act this November. The urgency to enshrine the right to abortion in our state’s constitution has never been more necessary.”
Rep. Matt Gress
“Today, the Arizona Supreme Court has ruled an 1864 abortion law passed by Arizona’s first Territorial Legislature will be the law of the land in 2024. This territorial law which was last updated in 1913 bans abortions, except to save the life of the mother.
Let me be very clear: This decision cannot stand.
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. I cannot and will not condemn women, especially the victims of rape or incest, to be forced to carry their pregnancy to term. We need a policy that protects the rights of women and protects new life. We need laws that respect women and the difficult decision to end a pregnancy in the early stages, before the fetus can feel pain or live outside the womb. And we need to ensure access to contraceptives and IVF.
I believe that a 15-week abortion policy with reasonable exceptions, including rape, incest, and life of the mother, is appropriate. That’s not just my view, but the opinion of most Arizonans living in the year 2024.
The sensational, cynical, and dishonest politics of the abortion debate have crowded out serious and real policies that protect women and new life.
Abortion as a political wedge issue needs to end. I call on President Petersen and Speaker Toma to immediately bring to the floor a measure that will repeal the territorial ban and restore modern-day protections for Arizona women.”
Aadika Singh, reproductive justice senior attorney with Public Rights Project (PRP), who is representing Pima County Attorney Laura Conover, one of the parties in the case:
“This is a devastating blow to reproductive healthcare access in the United States. The Arizona Supreme Court allowed an extreme criminal abortion ban to take Arizona back in time 150 years. This decision will force Arizonans to risk their health and lives and resort to extreme measures to get the medical care they need. Equality under the law requires that pregnant people can make their own decisions about their health, their fertility, their families, and their lives–without government interference. The fight now returns to the people of Arizona who will have the opportunity to reverse the Arizona Supreme Court via a voter initiative that can secure reproductive healthcare rights in Arizona once and for all. Public Rights Project looks forward to supporting our community partners in that fight and stands ready to defend against any challenges to that direct democratic effort. With momentum growing for a ballot measure enshrining the right to abortion in Arizona’s constitution, soon Arizonans can directly decide the fate of their fundamental rights. Across the country, from Kansas to Ohio to Michigan, when abortion access is on the ballot, it wins.”
Rep. Greg Stanton:
“The Arizona Supreme Court has allowed a near-total abortion ban to go into effect – one written before Arizona was a state, before women could vote. Under this extreme law, women will die and their doctors and nurses will be criminalized.
This cannot stand. We will not stay silent in the face of these outrageous attacks on our fundamental freedoms. In Congress, I’ll keep fighting to restore the protections under Roe v. Wade as the law of the land.
But the stakes this November couldn’t be higher, and Arizonans must forcefully reject this extreme overreach by passing the Arizona Right to Abortion Initiative to finally enshrine the right to safe, legal reproductive care in our state’s constitution.”
Marjorie Dannenfelser, president of Susan B. Anthony (SBA) Pro-Life America:
“We celebrate this enormous victory for unborn children and their mothers. Reinstating Arizona’s pro-life law will protect more than 11,000 babies annually at all stages of pregnancy while providing an exception for the life of the mother. This includes babies who have heartbeats, babies who can feel pain, and babies who can smile and suck their thumbs. Today’s state Supreme Court decision is a major advancement in the fight for life in Arizona.
The compassion of the pro-life movement won in court today, but we must continue to fight. While Republicans have passed bills to ensure that babies born alive after failed abortions receive medical care and stepped up their support for programs that provide life-affirming help for pregnant moms facing homelessness, pro-abortion Gov. Katie Hobbs vetoed born-alive protections and her administration has attacked and defunded pro-life safety net providers.
Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women.”
Vice President Kamala Harris:
“Arizona just rolled back the clock to a time before women could vote – and, by his own admission, there’s one person responsible: Donald Trump.
This even more extreme and dangerous ban criminalizes almost all abortion care in the state and puts women’s lives at risk. It provides no exceptions for rape, incest, or health. It’s a reality because of Donald Trump, who brags about being ‘proudly the person responsible’ for overturning Roe v. Wade, and made it possible for states to enforce cruel bans.
The alarm is sounding for every woman in America: if he has the opportunity, Donald Trump would sign off on a national abortion ban. He has called for punishing women and doctors. If he wins, he and his allies have plans to ban abortion and restrict access to birth control, with or without Congress. It’s terrifying, but we are not powerless. President Biden and I are doing everything in our power to stop Trump and restore women’s reproductive freedom, but it is going to take all of us. The American people believe that health care decisions should be made between women and their doctors, not politicians, and we are ready to stand up to fight for our most fundamental freedoms.”
League of Women Voters of Arizona:
“Today’s decision is a tragic setback for Arizona’s women and all Arizonans who can become pregnant. The court’s decision strips away the right of women and those who can become pregnant to control their bodies. It is unfathomable that not a single woman in Arizona ever voted on this ban in 1864, and because of this decision, women and those who may become pregnant have lost the right to reproductive freedom in Arizona. When women and those who can become pregnant can no longer make reproductive decisions for their own bodies, they are no longer equal individuals in our democracy.
The League of Women Voters of Arizona will continue to fight for reproductive freedom for all Arizonans and stand in our power with our reproductive rights partners and all persons who fear the dangerous consequences of this decision. We call on all Arizona voters who believe in reproductive freedom to respond to this decision by signing the petition to amend the state constitution in November and enshrine abortion rights. Women and those who can become pregnant have the power to make their voices heard and fight back.”
Sen. Eva Burch:
“We know that every single Republican in the Arizona House and Senate supported this territorial total ban on abortion—they signed an amicus brief affirming that very fact. This moment must not slow us down. Arizonans have the chance to make their voices heard in November. The fight for reproductive rights is not over in Arizona and we won’t stop until every person has the ability to make healthcare decision that are right for them without any government interference.”
U.S. Rep Juan Ciscomani:
“Today’s ruling is a disaster for women and doctors. In Arizona, our 15-week law protected the rights of women and new life. It respected women and the difficult decision of ending a pregnancy - one I will never personally experience and won’t pretend to understand. As my record shows, I’m a strong supporter of empowering women to make their own health care choices and I oppose a national abortion ban. The territorial law is archaic. We must do better for women and I call on our state policymakers to address this in a bipartisan manner.”
Dr. Jill Gibson, chief medical officer at Planned Parenthood Arizona:
“Today is a dark day for Arizona. As a doctor, I know first-hand that abortion bans and criminalizing abortion do not reduce the very real need and demand for this essential health care. Instead, bans force people to carry unwanted pregnancies, seek abortion outside of the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care – which is simply not possible for many Arizonans.
I took an oath as a physician to provide nonjudgmental, safe, compassionate and evidence-based care for my patients. And to soon not be able to provide my patients with that care is completely unacceptable and antithetical to my medical obligations and unfair and unjust to our community.
This case will not be the last attempt by anti-abortion activists to roll back rights. While our Legislature and our courts have failed us, Planned Parenthood Arizona will keep fighting.”
Rep. Ruben Gallego:
“Today’s ruling is devastating for Arizona women and their families. This is not what Arizonans want, and women could die because of it. Yet again, extremist politicians like Kari Lake are forcing themselves into doctors’ offices and ripping away the right for women to make their own healthcare decisions. Lake called this a ‘great law’ - even though it will ban nearly all abortions, including in cases of rape or incest.
Our fight against extremist bans like the one enacted today has never been more important — which is why I’m committed to doing whatever it takes to protect abortion rights at the federal level. This isn’t about partisanship — it’s about protecting Arizonans’ rights. And here in Arizona, we support a woman’s right to an abortion — which is why I am going to defeat Kari Lake and fight like hell to protect abortion rights once and for all.”
Pima County Attorney Laura Conover:
“The Pima County Attorney’s Office is disappointed that the Arizona Supreme Court chose to side with confusion and uncertainty for Arizona residents seeking abortion services in the aftermath of the federal decision to overturn the protections of Roe v. Wade.
This decision will result in a legal chilling effect on Arizonans who wish to obtain abortion services regardless of the circumstances that lead to their decision, and for those in the medical community who might provide them. The result of this will ultimately cause an increase in unsafe abortions and threaten the liberties of those involved because the criminalization of abortions will not end the need or desire of those who seek services.
As we have said since the U.S. Supreme Court decided to overturn the Constitutional protections provided by Roe, this Office does not intend to spend precious time or resources on the prosecution of those who are put in this impossible position, or medical providers. We are reassured that other elected leaders and law enforcement partners in Pima County have joined us in this intention.
We held out hope that the briefings and arguments made by Pima County Chief Civil Deputy Sam Brown before the Arizona Supreme Court on Dec. 12, 2023, would help preserve the right to legal abortions of up to 15 weeks of pregnancy. Instead, the Court’s decision keeps alive the archaic ideas of returning to a near-total ban on abortions that dates back to the Civil War era and offers no exceptions short of the imminent death of the patient.
Now we place our faith in the voters of Arizona, who are expected to have the opportunity to decide whether legal access to reproductive services will be upheld through an initiative intended to be on the November ballot.
When the U.S. Supreme Court overturned Roe, they stated that the abortion issue should be made at the state level. We have since seen states stand up for legal abortions across the country and we trust that the voters of Arizona will do the same and have the final say on those legal rights.”
Heather Williams, Democratic Legislative Campaign Committee:
“Today is a very dark day for Arizona. An archaic, dangerous law from 1864 that bans abortion across the board is completely out of touch with reality and where Arizona communities are today. Republicans in Arizona’s legislature already passed an egregiously restrictive abortion ban, which has put women’s lives in danger and criminalized abortion providers. Make no mistake: reinstating the 1864 law will have deadly consequences. Today’s ruling heightens the stakes of the 2024 elections - it has never been more important to elect champions of reproductive freedoms to the state legislatures to balance the extremism of the court. We are just a handful of seats away from flipping each chamber of the Arizona state legislature, which would dramatically transform the landscape of power and freedoms in the state, and allow Democrats to protect Arizonans’ abortion rights. Abortion is on the ballot, and Arizona is one of the most important battlegrounds in 2024.”
Dave Wells, research director of the Grand Canyon Institute:
“By allowing a 160-year-old law to take precedence over the 15-week law passed two years ago, the Arizona Supreme Court has condemned pregnant people to healthcare restrictions reminiscent of an era when slavery remained Constitutionally endorsed. The Court’s decision will also have significant economic consequences for the state. Our previous restrictive abortion laws already result in an economic cost of $4.5 billion annually, this cost will certainly increase going forward and will be felt by all Arizonans.”
Rep. Stephanie Stahl Hamilton:
“This is a devastating ruling for Arizonans who will lose access to abortion care and reproductive health care based on a territorial law passed decades before Arizona became a state and before women even gained the right to vote.
This law has no place in the 21st century and will cause chaos and fear in the lives of tens of thousands of Arizonans across every demographic. We knew that Republicans will not stop until reproductive rights are gone. I’m proud to stand with a Governor and my legislative colleagues who have your back and are ready to work to right this wrong.”
Former Phoenix Vice Mayor Yassamin Ansari:
“Abortion is a human right. Upholding a ban on our bodily autonomy – a ban that was created before women could vote – is not justice. This ban endangers the lives of women and their children. That’s why, when Roe was overturned, I led the charge to direct the Phoenix Police Department to make enforcement of Arizona’s abortion ban their lowest priority — because no doctor, nurse, patient or pharmacist should go to jail for providing or receiving basic healthcare. We’re watching firsthand what extremist Republicans like Trump and his MAGA allies will do when they’re in power - ban abortion nationwide. We need to restore Roe v. Wade, pass the Arizona Right to Abortion Initiative, and make sure women have the right to an abortion.”
Gov. Hobbs full statement:
“It is a dark day in Arizona. Just now, the Arizona Supreme Court issued its opinion in Planned Parenthood v Mayes, upholding one of the most extreme abortion bans in the country. And while it is currently stayed, we continue to live under an unacceptable ban: a law that still strips Arizonans of their personal autonomy and has no exceptions for women who are the victims of rape or incest, or any regard for pregnancy complications.
Let me be clear: Arizona’s 2022 abortion ban is extreme and hurts women. And the near-total Civil War-era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.
We are fourteen days away from this extreme ban coming back to life. It must be repealed. Immediately. And while I am glad IVF and contraception are still available to Arizonans — we know they are under attack. Just last year I vetoed a bill that would have threatened access to IVF. We must act proactively to protect these essential rights.
My message to Arizonans is this: I will not rest, and I will not stop fighting until we have fully secured the right to reproductive healthcare in our state. I refuse to let radical politicians take control over womens’ bodies. My executive order protecting women and doctors from abortion related prosecutions by extremist county prosecutors is still in effect, and I will continue to do everything within my power to fully guarantee the right to reproductive healthcare in Arizona.”
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