'This changes everything': Arizona's 1864 ban 'supercharges' abortion ballot initiative

Supporters of an effort to put abortion rights into the Arizona Constitution decried a court ruling upholding a pre-statehood ban on Tuesday, but acknowledged the decision could have a "seismic" political effect.

Abortion rights groups have been working for months to gather enough signatures to qualify for the November ballot. As of a week ago, they had more than enough signatures, well ahead of a July deadline.

Then came Tuesday's 4-2 Arizona Supreme Court ruling, which upheld an 1864 law criminalizing abortion providers unless they are acting to save the life of the mother. As Democratic Arizona Gov. Katie Hobbs put it, the court left Arizona with "one of the most extreme abortion bans in the country."

That ruling also left Arizonans with a choice: The court-ordered pre-statehood ban or the ballot measure.

“I think this was a seismic decision, and maybe not in the way Republicans thought it was going to be for Arizona politics and the election in November," said Attorney General Kris Mayes, a Democrat who has pledged never to prosecute abortion cases. "I think this changes everything. I think it supercharges the ballot initiative and it supercharges the elections of all pro-choice candidates.”

Hobbs made the stakes clear, using the ruling to try to mobilize voters to the polls in November. The ballot measure was already expected to drive turnout that could impact other races up and down the ballot in a high-stakes election year with the president and all 90 Arizona lawmakers on the ballot.

“To the people across Arizona who are concerned about the future of abortion rights in our state, who are worried about their bodily autonomy, who don’t want to see the freedoms of their wives, sisters and daughters restricted, you can make your two cents known at the ballot box, and I encourage you to do so,” Hobbs said.

Opponents of the ballot measure downplayed the potentially wide reach of the court's ruling, noting a 14-day stay in the opinion that prevents it from going into effect immediately.

"Abortion remains legal up to 15-weeks in Arizona while waiting further potential action from the courts," It Goes Too Far campaign manager Leisa Brug said, decrying the proposed ballot measure as removing safety standards and putting women at risk of getting care from unqualified providers.

Catch up: Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules

"Our campaign is committed to exposing the real impact of the vague language of this amendment," Brug said. "Arizonans deserve to know.”

Likewise, Alliance Defending Freedom Senior Counsel Jake Warner said he was “hopeful this decision encourages voters to affirm life” in November. Warner argued the case before the state Supreme Court.

While the ruling may bring a political boost, abortion rights advocates said there was no change in their passion, nor their pitch to voters about why the ballot measure is needed.

"Today is our worst nightmare," said Chris Love, spokesperson for the ballot measure campaign.

In the view of many advocates, no matter what the court decided would be too restrictive for most Arizonans. The court weighed the 1864 law upheld this week, and a 2022 ban after 15 weeks of pregnancy.

“Passing the Arizona Abortion Access Act by ballot measure this November is just as critical today as it was yesterday," Love said. "Arizonans deserve the right to make our own decisions about pregnancy and abortion without politicians and judges interfering.”

Cheryl Bruce, campaign manager for the Arizona for Abortion Access ballot measure campaign, said in an interview the ruling was a "devastating outcome for Arizonans."

"It's a near-total ban that, you know, was on the books during the Civil War era before women even have the right to vote or participate in our democracy," Bruce said.

The court ruling is "a reminder to Arizonans that they cannot trust the courts or politicians with this decision,” Bruce said. “They need to be able to participate in the ballot measure process and direct democracy in order to protect their rights.”

The campaign announced last week it had collected over 500,000 signatures from Arizona voters, above the about 383,000 signature threshold needed to qualify for the ballot. Bruce said the goal is to collect 800,000 signatures, so the work being done by volunteers and paid gatherers will continue.

Reporter Mary Jo Pitzl contributed to this story.

Reach reporter Stacey Barchenger at [email protected] or 480-416-5669. Reach the reporter at [email protected].

This article originally appeared on Arizona Republic: Arizona abortion ban: High court ruling 'supercharges' ballot initiative