Arizona Presents a Test of Pro-Life Realism

This is essentially the same as the situation we saw in Michigan and Wisconsin in 2022–23: A pre-Roe law with minimal exceptions was reinstated by Dobbs, the state’s elected government was divided between a Democratic governor and a Republican legislature and did nothing, and the voters ended up adopting a broad pro-abortion proposition in a referendum in Michigan and turning over control of the Wisconsin supreme court to Democrats. Pro-lifers were leaderless and disorganized, pursued no coherent strategy, and got saddled with the worst of all worlds.

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Can Arizona’s famously dysfunctional post-Ducey GOP do better? This will be a test of pro-life realism. Voters are unlikely to be at all sympathetic to just standing pat on a mid-19th-century law with no exceptions. Ideally, the legislature would make a counteroffer. Republicans narrowly control the state legislature, with a 16–14 majority in the state senate and a 31–29 majority in the state assembly. If united during a legislative session, they could pass revisions to send to Governor Katie Hobbs’s desk and dare her to veto them — which, as a creature of the pro-abortion lobby and party, she would likely feel bound to do. Those revisions could include popular exceptions for rape and incest. They might allow earlier abortions — at least up to six weeks and maybe (if unwilling to defend a six-week ban) to a later point (15 weeks is not much of a ban and would not be my preference, but it would be better than nothing). By vetoing the exceptions, Hobbs would have to make clear that she, and not pro-lifers, is the one holding an extreme and unyielding position.

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Ed Morrissey

As Dan notes, this is where the fight has to take place in the aftermath of Roe. Republicans had better organize around some sort of proposal that will capture a majority of voters and force Hobbs to either work with them or make Democrats into the extremists. Assuming, that is, that Republicans simply refuse to change the law at all and make November into a referendum on a comprehensive ban on abortion.

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