The state of Arizona is full of contradictions. In the course of the last twenty years, it’s gone from being a red-purple state with two Republican(ish) senators to a blue-purple state with two Democrat(ish) senators.

The latest ruling from the state Supreme Court, however, has both sides of the aisle in an absolute tizzy. The court upheld a law that dates back to 1864, but was enshrined in state law in 1901 and 1913, that creates a near-total ban on abortion in the state.

The ruling allows an 1864 law in Arizona to stand that made abortion a felony punishable by two to five years in prison for anyone who performs one or helps a woman obtain one.

The law — which was codified in 1901, and again in 1913 — outlaws abortion from the moment of conception but includes an exception to save the woman’s life.

That Civil War-era law — enacted a half-century before Arizona even gained statehood — was never repealed and an appellate court ruled last year that it could remain on the books as long as it was “harmonized” with a 2022 law, leading to substantial confusion in Arizona regarding exactly when during a pregnancy abortion was outlawed.

The decision — which could shutter abortion clinics in the state — effectively undoes a lower court’s ruling that stated that a more recent 15-week ban from March 2022 superseded the 1864 law.

The Arizona Supreme Court said it would put its decision on hold for 14 days, writing that it would send the case back to a lower court so that court could consider “additional constitutional challenges” that haven’t yet been cleared up.

So, how did we get here? Our readers will remember that Arizona passed a 15 week abortion ban back in 2022, before the ruling on Dobbs that overturned Roe v. Wade. The 2022 law deferred to the 1901 law if Roe v. Wade was overturned at the federal level, as the 1901 law had been overridden by the Roe ruling. When the Dobbs ruling came down, the 1901 law (which is a more accurate way to describe the state law, though the press is enjoying using “1864” as the creation date because it looks better in print) was back in effect, and initially, a superior court judge ruled that the 1864/1901 law was still valid now. Why? Because DEMOCRATS had never bothered to pass an abortion law in Arizona. They had entirely relied on Roe v. Wade, and never considered that it might someday be overturned. Whoops. The Arizona Court of Appeals blocked the ruling, and eventually the case made its way to the state Supreme Court. Did Democrats – with their dull-as-dishwater Governor Katie Hobbs in the lead – try and pass a new law in the meantime? Nope. Instead, she’s going to complain NOW and vow to pass new legislation. Much leadership, such wow.

But Arizona is a weird state. Hobbs is blaming Republicans for the law (lady, are you governor or not?), and Republicans are now freaking out over the law as well, because they think it’s going to harm them.

Former Gov. Doug Ducey, a Republican who signed a 15-week abortion ban into law in 2022, said in a post on X, the social media platform formerly known as Twitter, that the ruling was “not the outcome [he] would have preferred” and called on lawmakers to “heed the will of the people and address this issue with a policy that is workable and reflective of our electorate.”

Arizona Republican Senate candidate Kari Lake, in a statement Tuesday, called on Democratic Gov. Katie Hobbs and the state’s GOP-controlled legislature to “come up with an immediate common sense solution that Arizonans can support.” She added that ultimately “Arizona voters will make the decision” at the ballot box in November.

JUST NOW: @KariLake Releases Statement on AZ Abortion Ruling

“I am not going to D.C. to legislate an issue that has been returned to the states. I am going to D.C. to secure our border, strengthen our families and help President Trump Make America Great Again.” pic.twitter.com/PPtwajAa6h

— Kari Lake War Room (@KariLakeWarRoom) April 9, 2024

And for all his talk about letting states decide, Donald Trump really wants to win Arizona.

Trump: I’m not pro-abortion, I just want it left to states

Arizona: Okay

Trump: no not like that https://t.co/awMj91awoi

— Sunny (@sunnyright) April 10, 2024

The legislation that may end up on the ballot is a state constitutional amendment that would make abortion legal until 24 weeks.

Arizona for Abortion Access, a coalition of reproductive rights organizations including the ACLU of Arizona and Planned Parenthood Advocates of Arizona, says it had gathered 506,892 petition signatures as of this past weekend, with more than three months to go until the July 3 deadline to submit the signatures to Arizona’s secretary of state. The threshold to put a measure on the ballot is 383,923 signatures, and while some typically get invalidated in the verification process, the amendment appears on track to go before voters this fall.

The constitutional amendment that Arizona for Abortion Access is putting forward would create a “fundamental right” to receive abortion care up until fetal viability, or about the 24th week of pregnancy, with exceptions after that point if a health care professional decides it’s needed to “protect the life or physical or mental health of the pregnant individual.” Opponents of the measure have focused on the potentially broad application of the mental health exception, arguing that it would make it far too easy to end viable pregnancies.Under current Arizona law, abortion is legal up until the 15th week of pregnancy, with an exception after that to save the mother’s life and no exceptions after that point for rape or incest.

The Arizona Supreme Court ruled correctly with the laws that they had in front of them. The 1864 law that was formally passed in 1901 was never altered or repealed, and the 2022 law deferred to the 1901 law, and Democrats, in their arrogance, never bothered trying to pass a law of their own. Now, with egg on their face, and public opinion swinging toward their side – at least, that’s what they think – they’re going to push for this constitutional amendment. Arizona Republicans, who definitely do NOT have the courage of their convictions, are pulling a Brave Sir Robin and bravely running away, because they ALSO think public opinion is swinging toward abortion.

But like I said, Arizona is a weird state. Will a state that was good with a 15 week ban (which is around 4 months gestation) just two years ago, but which might not approve of a total ban, be fine with a new constitutional amendement that creates a 24 week (6 months gestation, with viability on record as early as 21 weeks) ban? Democrats think abortion access is a winning issue for them. Republicans are now too scared to deal with abortion laws (the exception being Ron DeSantis) and are trying to get out of blame’s way as fast as possible. The state Supreme Court merely ruled on the validity of law, as the judiciary is supposed to do. Now the state’s elected officials and wannabe elected officials are showing their true colors – and none of them are good. Democrats don’t seem to mind red on their hands, and Republicans have some yellow running down their backs.

Featured image via Pixabay, cropped, Pixabay license