Kari Lake wanted Arizona to pass 'carbon copy' of Texas abortion law at center of legal fight

Senate candidate Kari Lake is no longer cheerleading the near-total abortion ban at the center of a Texas legal fight. Lake once said she would sign an Arizona version of the Texas law “in a heartbeat.”

Kate Cox, a Dallas-area woman, petitioned a judge to grant her an exception from Texas' abortion restrictions after her fetus was diagnosed with a fatal genetic abnormality. The Texas Supreme Court on Monday ruled against Cox, overturning a lower court's ruling.

While campaigning for Arizona governor, Lake, a Republican, praised Texas’ abortion law, which is one of the most stringent in the country.

“The most vital role our Elected Officials have is protecting our most vulnerable. I call on the Arizona Legislature to put a carbon copy of Texas S.B. 8 on the Governor’s desk,” Lake wrote in a social media post in 2021. “If my Predecessor refuses to sign it, I will do it in a Heartbeat.”

Texas law bans abortion after a fetal heartbeat can be detected, or around six weeks into a pregnancy, which is before many people know that they are pregnant. It allows abortions after that point only in the event of a “medical emergency” for the patient, with no exceptions for cases of rape or incest.

“Well done, Texas. Arizona is next,” Lake wrote in her 2021 post.

Asked about Cox’s case on Monday, Lake's campaign declined to state her position on the law that once had her full-throated support.

Instead, the campaign emphasized that Lake opposes a federal abortion ban.

“Running for governor and senate are different, one is state, one is federal,” Caroline Wren, a Lake senior adviser, wrote in a statement to The Arizona Republic. “Kari doesn’t believe the federal government should decide abortion laws, but only the states.”

Lake previously said that her views on abortion hadn’t changed since her gubernatorial run.

Her campaign also criticized the voting records of her Democratic challenger for the Senate seat, Rep. Ruben Gallego, and the incumbent Sen. Kyrsten Sinema, a Democrat-turned-independent who is considering running for reelection.

Wren pointed to Sinema’s support for the Women’s Health Protection Act, a Democratic-led law that would have protected abortion until the point of fetal viability, which is usually around 24 weeks. Gallego voted for the House version of that legislation.

Wren said the law would have allowed abortion “up to 9 months,” which is true only for cases that endanger the life or health of the pregnant patient.

'She couldn't wait': After Texas Supreme Court blocks her abortion, Kate Cox leaves state for procedure

Abortions after 21 weeks of pregnancy comprise less than 1% of all abortions, according to data from the U.S. Centers for Disease Control and Prevention.

Texas Attorney General Ken Paxton, whose endorsement Lake has touted in her Senate campaign, is involved in the abortion lawsuit. Paxton filed a petition to block Cox from getting an abortion after her favorable ruling last week, asking the state’s Supreme Court to take up the issue.

“Because the life of an unborn child is at stake, this Court should require a faithful application of Texas statutes prior to determining that an abortion is permitted,” Paxton wrote.

He also threatened to prosecute doctors in the case if they perform an abortion, saying that the lower court’s decision “will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.”

Lake has embraced Paxton’s endorsement even as he faces charges of securities fraud, as well as allegations of abuse of office and bribery, which resulted in an impeachment trial. Lake has dismissed several of the charges against him as a conspiracy by “the uniparty,” her shorthand for the political establishment that includes members of both parties.

Cox’s lawyers announced Monday that she has left Texas to obtain an abortion, which likely renders her case moot, experts told the Austin-American Statesman.

Arizona’s abortion legal landscape is fragmented, as two conflicting laws are on the books. One, passed before Arizona achieved statehood, prohibits abortions unless the patient’s life is at risk. The other, passed just before the U.S. Supreme Court overturned the landmark Roe v. Wade decision, permits abortions until 15 weeks of pregnancy, with some exceptions.

Clearing up some of the uncertainty between the two laws, a judge ruled last year that abortions may be performed until 15 weeks of gestation, though it did not repeal the territorial-era law. The Arizona Supreme Court is scheduled to hear arguments Tuesday as to which law should apply.

Laura Gersony is a national politics reporter for The Arizona Republic and azcentral.com. Contact her at 480-372-0389, or by email at lgersony@gannett.com. Follow her on X, formerly known as Twitter, at @lauragersony.

This article originally appeared on Arizona Republic: Kari Lake wanted Arizona to pass 'a carbon copy' of Texas abortion law