After Arizona Supreme Court Reinstitutes 1864 Abortion Ban, GOP Senate Candidate Kari Lake Flip Flops Saying She Now Opposes Law She Called ‘Great’

On Tuesday, the Arizona Supreme Court issued a ruling to reinstate a 160-year-old abortion ban, which resulted in immediate changes in stance among Republicans who had previously supported it, such as Senate candidate Kari Lake.

The Court overturned a 2022 law that permitted abortions up to 15 weeks, clearing the way for an 1864 ban that essentially prohibits the procedure except when necessary to save the life of the mother.

The state’s highest Court initially heard arguments on the case in December after the Arizona Court of Appeals determined that the two contradictory abortion bans needed to be “harmonized.”

In a 4-2 decision, the justices stated that the overturning of Roe v. Wade, the federal law safeguarding abortion rights until viability, meant that there was no legal barrier to enforcing the decades-old ban. The Court ruled that the law could be implemented within 14 days, and the parties involved were allowed to raise additional constitutional concerns with a lower court during this period.

This ruling follows a recent decision by the Florida Supreme Court, which allowed a six-week abortion ban to take effect in Florida and brings the number of states with near-total abortion bans to 16.

Lake, who previously praised the 1864 ban as a “great law,” opposed Tuesday’s decision and called on the state legislature to find an “immediate common-sense solution that Arizonans can support.”

“As the only woman and mother in this race,” Lake stated, “I wholeheartedly agree with President Trump that this is a deeply personal issue that should be determined by each individual state and its people.”

In an interview with NBC News earlier this month, Lake attempted to retract her previous statements on the law, which she had described as something she would be “thrilled” to see come into effect. Even though she reiterated her support for the territorial ban as recently as November 2023, Lake now claims to no longer endorse it and asserts that she trusts the people of Arizona to vote on the matter and make the right decision.

Lake was not the only anti-abortion lawmaker who sought to distance themselves from the decision. Rep. Juan Ciscomani (R-Arizona), who is seeking re-election in a vulnerable district in November, previously stated that individual states should determine abortion. However, he referred to the Arizona Supreme Court ruling as a “disaster” on Tuesday and called for state policymakers to address the matter promptly and bipartisanly.

Rep. David Schweikert (R-Arizona) stated that the issue should be decided by Arizonans rather than legislating from the bench. He encouraged the state legislature to address the problem immediately. Schweikert had previously sponsored the Life At Conception Act, a federal ban on abortion from the moment of conception.

Democrats and abortion rights supporters also criticized the decision. Arizona Attorney General Kris Mayes (D) referred to the ban as “unconscionable” and reiterated her commitment not to prosecute anyone for violating it.

Planned Parenthood of Arizona announced that it would continue to provide abortions for up to 15 weeks for a limited period before the Court’s decision takes effect. “Let me be clear: this is not the end of our fight,’ said Planned Parenthood Arizona President Angela Florez. “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.”

Lake has been at the center of numerous lawsuits about her false claims about Arizona elections. Last month, she said that she would not fight a defamation lawsuit over her charges that Maricopa County Recorder Stephen Richer rigged her last election for governor, which she lost. The trial will now proceed to the damages phase.