If Republicans really hate Arizona's abortion ban, they'll send voters a better choice

The Arizona Supreme Court’s ruling on Tuesday that the 1864 near-total ban on abortion is the prevailing law in the state should supercharge Democrats and the abortion access initiative.

It also presents an opportunity for Republicans.

They can refer to the ballot a competing initiative that restores the 15-week abortion ban they passed two years ago and which set off the legal fight that the high court settled.

And to include an exception beyond that threshold for pregnancies resulting from rape and incest — an exception they balked at including in the legislation.

Polls suggest voters want some abortion limits

The latter is an important point.

Republicans can choose to repeal the 1864 ban, allowing the 15-week ban they passed to prevail again, but Arizonans will surely find the no-exception for rape and incest a bridge too far.

Especially with the Arizona Abortion Access Act likely to be on the ballot.

Republicans might still lose with a legislative referral on a 15-week ban. It’s a big challenge to abruptly strip people of a right and to persuade them to accept a more restricted version.

Abortion law is clear: Women must fight for our lives

But polling by Gallup and others suggest an opening, finding a sizable segment of Americans have a discomfort with unrestricted access to abortion.

An Associated Press-NORC Center for Public Affairs Research poll last year found about half of Americans believe abortions should be permitted until the 15-week mark.

Gallup notes a majority of them oppose legalizing abortions in the second trimester (55%).

And Pew finds that only a few percentage points separate Arizonans who believe abortion should be legal in all or most cases (49%) from those who believe it should be illegal in all but most cases (46%).

Will Republicans give voters a choice?

The Arizona Abortion Access Act would allow abortions up to viability, generally 22 to 24 weeks, but also for cases beyond that to protect the physical and mental health of the patient.

Absent a competing choice, Arizonans are sure to choose the abortion access initiative.

Perhaps even if a 15-week alternative also is on the ballot.

But at least the reality before them wouldn’t be as stark as either a total ban from Territorial Days or full access.

For those opposing the proposed constitutional amendment, who are running an “It goes too far” campaign, the ruling on Tuesday sets the stage to put the contention to the test.

There’s an argument to be had that a 15-week ban makes for a compromise, given the polling and that 93% of abortions in Arizona in 2022 were of pregnancies at 13 weeks or less.

There’s a stronger argument that Arizonans, and not lawmakers, should have the final say.

Will the conservative legislators give voters an option? Or will they lie down and permit the inevitable?

Reach Abe Kwok at [email protected]. On X, formerly Twitter: @abekwok.

This article originally appeared on Arizona Republic: Republicans who hate Arizona abortion ban can give us a better choice