Arizona Republicans made a surprising decision on Wednesday by voting to overturn the state’s century-old abortion ban from 1864. This unexpected turn of events could potentially have far-reaching consequences leading up to the November elections.
In a contentious session, two Republicans, Senators Shawnna Bolick and T.J. Shope, voted alongside Democrats in the Senate to repeal the ban on abortions. The ban, which only allows for exceptions when the woman’s life is at risk, has been a subject of heated debate. One Republican even went so far as to describe the state of his party as “disgusting.”
Last month, the Arizona Supreme Court made a ruling that the enforceable near-total ban would replace the 15-week ban that had been in place since the overturning of Roe v Wade by the U.S. Supreme Court in June 2022.
The state was shaken by the court decision, causing a ripple effect among some Republicans who had previously been against abortion. This included Kari Lake, a Senate hopeful and popular figure within the MAGA movement, who now called on the state legislature to reverse the decision. Even Donald Trump himself expressed his view that the ban had gone too far and urged state lawmakers to reconsider in order to find a more reasonable approach.
Republicans were also concerned that if they allowed the ban to remain, it would potentially lead to higher voter turnout for Democrats in the upcoming November elections. This was particularly worrying for them due to a planned ballot initiative that aimed to protect abortion rights in the state constitution. They had observed successful outcomes for similar measures in Kansas, Michigan, Vermont, and Ohio. Additionally, candidates in deeply conservative states like Alabama had managed to secure local victories by openly opposing such bans.
Surprisingly, Shope and Bolick’s decision to leave their party caught many off guard, particularly considering their previous voting record in favor of limiting abortion rights.
At the age of 49, Bolick had previously worked as an education consultant before venturing into politics. In 2019, she successfully secured a seat in the Arizona House of Representatives. Additionally, Bolick was chosen by the Maricopa County Board of Supervisors to take over state Sen. Steve Kaiser’s position after his resignation in July 2023. Notably, she is a strong advocate for former President Donald Trump, as evidenced by her introduction of a bill aimed at overturning Arizona’s electoral votes following his defeat in the 2020 presidential election. Despite her efforts, the bill failed to pass.
Bolick has been vocal about her stance against abortion, discouraging voters from supporting a ballot initiative in February that seeks to protect abortion rights in the state constitution. She believes that this initiative undermines God’s authority and the sacredness of human life. Additionally, she has previously voted in favor of a bill that aimed to replace the term “product of human conception” with “unborn child” in all Arizona laws.
It’s no surprise that Bolick has the support of the Center for Arizona Policy, an extremist anti-abortion organization. They invested $5,000 in her campaign last year and spent an additional $5,000 to oppose her opponent. According to Jacobin, Bolick also enjoyed more than $750 worth of food and beverages from the group, including a lavish $300 meal in October 2023.
The senator is also the wife of Clint Bolick, an Arizona Supreme Court justice who recently voted in favor of upholding the 1864 ban. According to Jacobin, the justice has previously accompanied his wife to lobbying dinners organized by right-wing groups.
In a comprehensive speech that lasted almost 30 minutes, Bolick justified her choice to vote alongside the Democrats. During her address, she openly shared personal anecdotes about all three of her pregnancies. She also criticized Democratic Governor Katie Hobbs, as well as Planned Parenthood and the state of Arizona for honoring Planned Parenthood founder Margaert Sanger in their Women’s Hall of Fame back in 1991.
In her speech, she clarified that she voted to repeal the ban to prevent the passage of a November ballot initiative that would establish abortion rights up to 24 weeks in the state constitution.
“I stand firmly on the side of saving more lives until a better alternative is available,” Bolick expressed. “My aim is to safeguard our state constitution from allowing unrestricted abortions right up until the point of birth.”
Her lengthy explanation failed to protect her from the backlash of her fellow Republicans. Sen. Anthony Kern went as far as comparing Republicans who voted with Democrats to Nazis, while Sen. Jake Hoffman expressed his disgust at the current state of the Republican party.
Shope did not make any such pronouncements on the Senate floor on Wednesday. However, he expressed strong opposition to the 1864 law when it was approved by the state Supreme Court last month. In a tweet, he stated that “15 weeks is what my district believes to be an appropriate timeline” and described the decision as “disappointing to say the least.”
Shope, who was first elected to the Arizona House in 2012 and won his Senate bid in 2020, currently holds the position of president pro tem. Over the past decade, he has been a co-sponsor of four anti-abortion bills. One of these bills aims to criminalize the abortion of a fetus solely on the basis of a genetic abnormality. Another bill seeks to provide protection for infants who are “born alive” and prevent them from being aborted—a claim often made by the GOP that is both widely used and inaccurate.
In a recent development, Shope and Senate President Warren Petersen faced an ethics complaint filed by two Arizona Senate Democrats. The complaint was lodged against them for allegedly obstructing the repeal of the ban. Shope dismissed these accusations as baseless and referred to them as a desperate attempt to gain favor with their radical Left supporters for political gain.
Shope has a track record of collaborating with both Democrats and Republicans. At the start of his career, he worked with Democrats to enhance Medicaid coverage. In 2020, he took a stand against a bill supported by Republicans, which aimed to outlaw businesses from denying service to unvaccinated customers.
Both Shope and Bolick, who are running for re-election in competitive districts in November, have chosen to support the repeal. Democratic Sen. Priya Sundareshan suggests that they have come to this decision after realizing the unpopularity of the near-total ban among voters.
Last week, in a significant move, three Republican representatives from Arizona joined the Democrats in a House vote to overturn the law. This defection comes after two previous failed attempts to do so. Shope and Bolick are not the only Republicans from Arizona who have decided to break ranks with their party.
After the repeal is implemented, abortion will remain illegal in the state beyond the 15-week mark. This will have a significant impact on women facing complex medical situations, as well as those who are economically disadvantaged or live far away from clinics. These women may encounter difficulties in scheduling appointments before the deadline, further exacerbating the challenges they already face.
Chris Love, a representative for the organization coordinating the ballot initiative, expressed gratitude towards pro-abortion lawmakers for their efforts in repealing the ban. However, Love also noted that Arizonans will still be subjected to a law that deprives them of their autonomy in making decisions regarding their own well-being.
“Arizonans cannot afford to let their guard down or lose the progress we’ve made,” she emphasized. “The threat to our reproductive freedom remains just as urgent today as it has always been. The Arizona Abortion Access Act is the only thing that can put a stop to these relentless attacks on our freedoms.”