The Arizona Supreme Court’s for an 1864 state abortion ban reveals the nature of the “leave-it-to-the-states” positioning of Republicans.
Members of Arizona for Abortion Access, the ballot initiative to enshrine abortion rights in the Arizona State Constitution, hold a press conference outside the Arizona House of Representatives on April 17, 2024 in Phoenix. , which was recently signed by Gov. Katie Hobbs . However, leaving it to the states doesn’t always have such a rosy ending.
In states where people have been allowed to vote on the issue, they have overwhelmingly sided with protecting their reproductive rights—such as inin efforts to prevent an amendment to secure access to abortion from appearing on Ohio’s ballot last November, so that people would not have a chance to vote on it. ADF lost.
Far-right attorneys general have also filed amicus briefs in key anti-abortion court cases at the state and federal levels, including in the, state courts are often the last resort for people challenging extreme abortion bans imposed on them by a religious fundamentalist minority. The network of Leonard Leo—who has had control of more than $2 billion to turn our rights back—and other far-right forces are targeting state supreme courts for that very reason.
Arizona’s then-GOP governor Doug Ducey, who appointed a majority of the state Supreme Court and a record number of state judges, told a Federalist Society audience in 2019 that he had spoken with Leonard Leo andOther billionaires attacking the courts have also backed this effort through the state legislature. Charles Koch’s Americans for Prosperity has contributedto support J.D. Mesnard, the Republican state senator who sponsored the bill to expand Arizona’s Supreme Court.
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