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FACT BRIEF

Has Abe Hamadeh suggested he would enforce a near-total abortion ban in Arizona?

By Austin Tannenbaum
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YES

Republican Arizona Attorney General candidate Abe Hamadeh has said on multiple occasions that he would enforce whichever abortion law is on the books in Arizona.

Currently, Arizona's 15-week abortion ban is in conflict with a 1901 law banning abortion from conception except when the pregnant person's life is at risk. The older law was reinstated following the repeal of Roe v. Wade but its enforcement is blocked pending a court ruling on which law will prevail.

When asked if he would enforce the 1901 law during a September debate, Hamadeh stated, "As attorney general I enforce laws," adding that while the 15-week ban was signed into law in March, there was an understanding that "If Roe v. Wade got overturned our laws would remain intact."

Hamadeh's opponent, Democrat Kris Mayes, responded that she would not enforce the 1901 law or the 15-week ban (which lacks exceptions for rape or incest) and instead challenge both in court for violating the Arizona Constitution's right to privacy.

Hamadeh identifies as "pro-life" and states on his website that as AG, he will "fight to protect the rights of our children at all stages, beginning at conception, and ensure that our laws to protect life are fully implemented."

This fact brief is responsive to conversations such as this one.
Sources
Reuters Arizona governor signs 15-week abortion ban into law
Reuters Judge rules that Arizona can enforce near-total abortion ban
Jurist Arizona appeals court blocks enforcement of 1901 abortion ban
Arizona PBS Arizona Horizon election debates 2022: Attorney General
Abraham Hamadeh Issues
ABOUT THE CONTRIBUTOR
Arizona Center for Investigative Reporting
The Arizona Center for Investigative Reporting is the state’s only independent, nonpartisan and collaborative nonprofit newsroom dedicated to statewide, data-driven investigative reporting. AZCIR's mission is to hold powerful people and institutions accountable by exposing injustice and systemic inequities through investigative journalism.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.