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TED: COMING UP NEXT ON "ARIZONA HORIZON," THE ARIZONA SUPREME COURT UPHOLDS A NEAR-TOTAL BAN ON ABORTIONS IN THE STATE.

WE'LL LOOK AT THE SOCIAL, POLITICAL AND MEDICAL RAMIFICATIONS OF THE HISTORIC DECISION.

THAT'S NEXT ON "ARIZONA HORIZON."

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TED: GOOD EVENING, AND WELCOME TO "ARIZONA HORIZON."

I'M TED SIMONS.

THE ARIZONA SUPREME COURT TODAY UPHELD AN 1864 LAW THAT BANS ABORTION IN NEARLY ALL CASES IN THE STATE.

THE RULING MEANS THAT ABORTIONS IN ARIZONA WILL ONLY BE ALLOWED TO SAVE THE LIFE OF THE MOTHER.

THAT BAN INCLUDES MEDICATION ABORTIONS WHICH ARE THE MOST COMMON PROCEDURE.

THERE ARE NO EXCEPTIONS IN ANY CASE FOR RAPE OR INCEST, AND THE LAW MANDATES FROM TWO TO FIVE YEARS IN PRISON FOR ANYONE PROVIDING OR AIDING ABORTION THAT IS NOT NECESSARY TO SAVE THE LIFE OF THE MOTHER.

RESPONSE TO THE DECISION INCLUDED A STATEMENT FROM GOVERNOR HOBBS.

>> LIKE MILLIONS OF WOMEN ACROSS ARIZONA, I AM REELING FROM THE SUPREME COURT'S CALLOUS DECISION TO UPHOLD THE 1864 TOTAL ABORTION BAN.

THIS ARCHAIC LAW, WRITTEN BY MEN, 48 YEARS BEFORE ARIZONA EVEN BECAME A STATE, THREATENS THE LIVES OF COUNTLESS WOMEN AND STRIPS US OF CONTROL OVER OUR BODIES.

TODAY SEEMS LIKE A DARK DAY BUT I ASSURE ARIZONA WOMEN THAT THE FIGHT FOR OUR REPRODUCTIVE FREEDOMS IS FAR FROM OVER.

TED: ARIZONA ATTORNEY GENERAL KRIS MAYES STATED, QUOTE, THE DECISION MADE BY THE ARIZONA SUPREME COURT TODAY IS UNCONSCIONABLE AND AN AFFRONT TO FREEDOM.

LET ME BE COMPLETELY CLEAR, AS LONG AS I AM ATTORNEY GENERAL, NO WOMAN OR DOCTOR WILL BE PROSECUTED UNDER THIS DRACONIAN LAW IN THE STATE.

FROM FORMER GOVERNOR DOUG DUCEY, I SIGNED THE 15 WEEK LAW AS GOVERNOR BECAUSE IT IS THOUGHTFUL CONSERVATIVE POLICY.

THE RULING TODAY IS NOT THE OUTCOME I WOULD HAVE PREFERRED AND I CALL ON OUR ELECTED LEADERS TO HEED THE WILL OF THE PEOPLE AND ADDRESS THIS ISSUE WITH A POLICY THAT IS WORKABLE AND REFLECTIVE OF OUR ELECTORATE.

>>> AND ON CAPITOL HILL, U.S.

SENATOR MARK KELLY HAD THIS RESPONSE -- >> THIS IS GOING TO CRIMINALIZE DOCTORS FOR DOING THEIR JOBS, AND IT'S GOING TO HAVE A DEVASTATING EFFECT ON THE HEALTH AND FREEDOM OF WOMEN IN ARIZONA.

IT'S GOING TO PUT LIVES AT RISK.

TED: THE STATE'S MOST PROMINENT ABORTION RIGHTS OPPONENT CATHI HERROD STATED IN PART -- .

>>> THE STATE PREVIOUSLY AGREED NOT TO ENFORCE THE OLDER ABORTION LAW FOR 45 DAYS AFTER THE SUPREME COURT MADE ITS DECISION, FOR NOW AND THE NEXT 45 DAYS, ABORTION SERVICES WILL STILL BE AVAILABLE THROUGH 15 WEEKS OF PREGNANCY.

>>> TODAY'S ANNOUNCEMENT BY THE STATE SUPREME COURT IS A LANDMARK RULING, AND TO GET A BETTER INDICATION OF THE COURT'S REASONING AND WHAT'S NEXT IN THE LEGAL FIGHT INVOLVING ABORTION RIGHTS IN ARIZONA, WE WELCOME JENNIFER PYATT FROM SANDRA DAY O'CONNOR COLLEGE OF LAW.

WELCOME.

>> THANK YOU.

TED: FIRST OF ALL, DID THIS SURPRISE YOU, THIS DECISION?

>> YES, AND NO.

I COULD HAVE EXPECTED THIS FROM THIS COURT.

TED: 4-2 DECISION?

COULD HAVE BEEN A 3-3 DECISION WHICH WOULD KNOCK IT DOWN TO THE APPEALS COURT.

THIS IS A 4-2 VOTE.

>> YEAH, YEAH.

IT'S INTERESTING TO LOOK AT THE IDEOLOGICAL SPECIALIST THE JUSTICES AND SEE JUSTICES APPOINTED BY DOUG DUCEY VERSUS JUSTICES WHO WEREN'T IN THAT 4 VERSUS 2.

TED: INTERESTING DOUG DUCEY SAID THIS IS NOT WHAT I ENVISIONED.

OKAY, ANYWAY.

>> RIGHT.

TED: WHAT EXACTLY DID THE SUPREME COURT RULE?

>> THE SUPREME COURT SAID BASICALLY WE'RE LOOKING AT THIS 1864 LAW, AND WE'RE LOOKING AT THIS 15-WEEK BAN, AND LOOKING AT THE 15-WEEK BAN, WE SEE THIS SORT OF INTERPRETATION PROVISION THAT SAYS WE, THE LEGISLATURE IN 2022 DO NOT INTEND TO REPEAL THE 1864 BAN.

BECAUSE THAT'S THE LEGISLATIVE INTENT, AND BECAUSE THE LEGISLATURE TRULY DID NEVER REPEAL THIS 1864 LAW, THE ARIZONA SUPREME COURT ESSENTIALLY SAID, WELL, WITH WHAT WAS STANDING IN ITS WAY.

WHOA IS NO LONGER STANDING IN ITS WAY, THE LEGISLATURE DOESN'T WANT TO BE STANDING IN ITS WAY, SO THIS LAW CAN BE ENFORCEABLE IN THE STATE.

TED: SO THE COURT SAID YOU DIDN'T REPEAL IT AND DIDN'T CREATE LEGISLATION THAT PUT ABORTION RIGHTS INTO LAW.

YOU DID NEITHER ONE OF THESE THINGS, SO WHAT, WE HAVE NO CHOICE?

>> ESSENTIALLY, READING THE TWO LAWS TOGETHER, THEY'RE SAYING THERE IS NO CONFLICT BETWEEN THE LAWS HERE.

THE ONLY THING STOPPING THIS 1864 LAW WAS ROE, AND WE THINK THE 15-WEEK BAN AND TOTAL BAN BEING BE ENFORCED SIMULTANEOUSLY AND CRIMINALIZE ABORTION AND ADD CONSEQUENCES FOR ABORTIONS AT 15 WEEKS.

TED: THEY PUT A 14 DAY STAY ON THE DECISION.

TALK ABO UT THE .

>>e ó<zVSa19Móx >( f INégÑ Ai÷)f TIME8 >> WE'RE BACK IN 1972, 73, 1864, CIVIL WAR ERA WHEN THIS WAS PASSED.

TED: IT PASSED WHEN WOMEN COULDN'T VOTE.

WASN'T A STATE HERE, WOULD TERRITORIAL LAW, WHEN THE TERRITORY IS A STATE, IS IT GRANDFATHERED IN?

WHAT ELSE IS OUT THERE FROM THE WORRIED ABOUT AS FAR AS A LAW IS CONCERNED?

>> PROBABLY A LOT.

PROBABLY AC[+ THAT'S NEVER BEEN REPEALED.

WE'VE SEEN EXAMPLES IN ARIZONA BUT OTHER STATES LIKE WEST VIRGINIA, WISCONSIN, AND THIS ISSUE IS TOP OF MIND BECAUSE WHAT HAPPENED IN DOBBS BUT PROBABLY NOT THE ONLY REMNANT OF A REPEALED LAW THAT COULD COME BACK AND BECOME ENFORCED AGAIN.

BASED ON THIS DEAL THAT WAS BROKERED AND WE'LL SEE IF THERE DOES HAPPEN TO BE LITIGATION FROM COUNTY ATTORNEYS WHO WANT TO TRY TO START PROSECUTING THIS.

WE'LL SEE WHAT THE GOVERNOR DOES.

WE'LL SEE IF THERE IS INDICATION OF PARDON POWER FOR FOLKS WHO MAY FACE PROSECUTION UNDER THESE, AND WE WILL POTENTIALLY SEE, ON THE BALLOT, A BALLOT INITIATIVE TO ATTEMPT TO AMEND THE ARIZONA CONSTITUTION TO ADDRESS THIS AS WELL.

TED: AND LAST QUESTION ON THIS.

AGAIN, THE COURT'S REASONING WAS MORE STATUTORY THAN CONSTITUTIONAL?

AM I GETTING THAT RIGHT?

>> UH-HUH.

THERE WAS A CONSTITUTIONAL PIECE IN THE COURT'S DECISION WHERE, THEY ESSENTIALLY SAID, WE'RE NOT VIOLATING YOUR PROCEDURAL DUE PROCESS RIGHTS HERE.

DOCTORS CLAIMING THEY AREN'T ON NOTICE OF THE RISKS OF THE PROSECUTION, AND THE COURT SAID, WELL, YES, YOU ARE.

YOU KNOW ABOUT THE RISK,S BECAUSE THE RISKS ARE QUITE PLAINLY STATED AS YOU MENTIONED, TED, TWO TO FIVE YEARS IN PRISON.

TED: YEAH, YEAH.

JENNIFER, ASU COLLEGE OF LAW.

THIS IS A VERY BIG DAY.

THANK YOU SO MUCH, WE APPRECIATE IT.

>> THANK YOU FOR HAVING ME.

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TED: THE ARIZONA SUPREME COURT'S RULING TODAY UPHOLDING 1864 NEAR TOTAL BAN ON ABORTION WAS A POLITICAL BOMBSHELL.

AND HERE TO TALK MORE ABOUT THE POLITICAL RAMIFICATIONS OF THE RULING, DOUG COLE, CHIEF OPERATING OFFICER OF PUBLIC AFFAIRS, GOOD TO HAVE YOU HERE.

THANK YOU FOR JOINING US.

I'M GOING TO BRING IT OUT TO YOU.

DID ARIZONA TURN A BLUER SHADE OF PURPLE TODAY?

>> IT CERTAINLY TURNED AN ANGERER SHADE OF RED.

WE STILL HAVE A REPUBLICAN REGISTRATION ADVANTAGE, BUT HAVE A GROUP OF VOTERS WHO ARE HOT.

THEY ARE ANGRY, AND THAT CERTAINLY IS GOING TO IMPACT NOVEMBER.

TED: WHAT DO YOU THINK, DOUG?

DID THE STATE CHANGE A LITTLE BIT TODAY?

>> YOU CALLED IT A BOMB, I CALL IT A NUCLEAR BOMB.

THIS IS GOING TO MOTIVATE SO MANY PEOPLE ON BOTH SIDES OF THIS ISSUE, MORE SO ON THE FOLKS THAT SUPPORT REPRODUCTIVE RIGHTS.

THIS IS A WAKE-UP CALL.

THIS IS A WAKE-UP CALL, AND THEY HAVE REDRESS, AND THAT WOULD BE THE CITIZENS INITIATIVE THAT, AND BY MY ESTIMATION IS GOING TO MAKE THE BALLOT IN NOVEMBER.

>> I WAS GOING TO SAY, DOES THIS PUT A NUCLEAR MOTOR ON IT.

>> ABSOLUTELY, PUTS IT ON STEROIDS, I AS A POLITICAL CONSULTANT, ENCOURAGE THE FOLKS CIRCULATING THE PETITION TO KEEP CIRCULATING IT.

THEY HAVE A HALF A MILLION RIGHT NOW.

I WOULD ENVISION BY JULY THEY HAVE THREE QUARTERS MILLION OF SIGNATURES AFTER THIS DECISION TODAY.

TED: THOSE WHO ARE AGAINST, DOES THIS GALVANIZE THOSE WHO ARE AGAINST ABORTION RIGHTS?

>> CERTAINLY, WE'RE GOING TO SEE THE FUNDERS COME IN TO KNOCK THE INITIATIVE OFF THE BALLOT.

THE SAME SUPREME COURT, WHO TODAY IMPOSED A BAN, WHEN THE STANDARD OF MEDICAL CARE INCLUDED LEECHES AND COCAINE, THE SAME SUPREME COURT DECIDES WHETHER OR NOT THE ABORTION INITIATIVE HAS ENOUGH SIGNATURES.

SO IT IS A SCARY TIME, AND THE ONLY WAY TO DEFEND AGAINST THAT IS FOR FOLKS TO GET IN THE CAR, WOMEN IN PARTICULAR, WHILE WE CAN STILL DRIVE IN ARIZONA, AND GO FIND A PETITION.

AND I MEAN IT SINCERELY, WHILE WE CAN STILL DRIVE.

TED: SAY YOU ARE ALLOWED TO DRIVE.

>> I HOPE.

I HOPE!

>> GRANTED THAT PERMISSION.

HAS THIS THING PASSED NOW?

>> ABSOLUTELY.

IT WOULD HAVE PASSED WITH THE 15-WEEK BAN BECAUSE THERE ARE NO EXCEPTION FOR RAPE AND ABORTION.

>> OUR POLLING SHOWS THE 22% WANT A COMPLETE BAN AND CRIMINALIZATION.

62% OF KNOWN VOTERS WANT PROTECTION FOR REPRODUCTIVE RIGHTS, AND 70% WILL VOTE AGAINST CANDIDATES THAT ADVOCATE FOR CRIMINALIZATION OF ABORTION.

>> WITH THAT IN MIND, GO DOWN THE BALLOT.

PRESIDENTIAL RACE, DOES IT TILT IT ONE WAY OR THE OTHER?

>> A HUGE TURNOUT DRIVER, THIS ISSUE.

YOU'RE GOING TO GET ONE-ISSUE VOTERS THAT CARE ABOUT THIS ISSUE, THAT ARE GOING TO BE EXTREMELY MOTIVATED TO TURN OUT AND VOTE FOR THE ABORTION INITIATIVE.

TED: AND WE HAVE DONALD TRUMP WHO IS VAGUE WHAT HE DOES BELIEVE IN AS FAR AS ABORTION RIGHTS ARE CONCERNED.

DOES THIS CHANGE THAT LANDSCAPE?

>> YES, HE SAID YESTERDAY, KICK IT TO THE STATES.

THIS SHOWS HOW BAD THAT COULD BE.

THIS IS EXACTLY THE WORST-CASE SCENARIO.

>> WE HAD KARI LAKE SAYING IN HER PRESS RELY, SHE WOULD OPPOSE A FEDERAL ABORTION BAN.

SHE SAID THAT IN HER PRESS RELEASE, AND CALLED FOR THE LEGISLATURE TO ROLL BACK THIS 1864 TERRITORIAL LAW.

TED: I GOT TO TELL YOU, STACY, THAT DOES NOT SOUND LIKE WHAT I REMEMBER HER SAYING A YEAR AGO.

>> REMEMBER WHEN THE TERRITORIAL BAN WAS GREAT LAW?

THAT'S WHAT SHE SAID ABOUT IT.

ABSOLUTE SCHIZOPHRENIA ON THE RIGHT.

DOGS THAT CAUGHT CARS ON THIS ISSUE.

TED: THAT'S AN ANALOGY USED A LOT.

IN THE SENATE RACE NOW, HOW DOES THAT -- CAN SHE UNRING THE BELL?

>> SHE IS THE QUEEN OF THE TIN FOIL HAT BRIGADE AGAINST A CONGRESSMAN WHO HAS A PERFECT VOTING RECORD AT STATE LEGISLATURE AND THE FEDERAL LEVEL FOR WOMEN'S REPRODUCTIVE ISSUE.

TED: DOES IT CHANGE THE DYNAMIC?

>> SHE'S GOING TO HAVE TO FIGURE OUT HOW TO NAVIGATE IT AND PUT OUT THE PRESS RELEASE SAYING WHAT I JUST SAID, AND SHE'S GOING TO HAVE TO STICK TO THAT BECAUSE THIS IS NOW, ON STEROIDS, FRONT AND CENTER, AND WILL CONTINUE TO BE SO BECAUSE THERE'S ALL THIS LITIGATION, AS YOUR PREVIOUS ANALYST JUST DISCUSSED AND THIS IS GOING TO GO ON.

I THINK PEOPLE WANT THIS TO BE RESOLVED, AND THE ONLY WAY IT'S GOING TO BE RESOLVED IS IN THE CONSTITUTION, BECAUSE SUPPORTERS OF REPRODUCTIVE RIGHTS ARE TIRED OF, OF STATUTORY PROVISIONS, THEY WANT IT ENSHRINED IN THE CONSTITUTION.

TED: DOES THIS PERHAPS CHANGE THE MAKEUP OF THE STATE LEGISLATURE?

>> ABSOLUTELY.

WE'VE GOT SUCH NARROW MARGINS AND GOT ELECTED OFFICIALS LIKE MATT GRASS WHO ARE CERTAINLY DOING AN ABOUT-FACE RIGHT NOW, AND NOT ENJOYING HIS AFTERNOON ON TWITTER, BUT YOU'VE GOT EVA BIRCH, A SINCERELY COMPELLING STORY, AND YOU'VE GOT WOMEN WHO HAVE, UNFORTUNATELY, HAD TO MAKE DECISIONS ABOUT THEIR OWN PREGNANCIES WITH THEIR DOCTORS, AND WE AS WOMEN WHO HAVE BEEN THROUGH THAT, HAVE BEEN IN THE OB'S OFFICE DEALING WITH ARIZONA'S WEIRD LAWS.

WE ALREADY HAVE WEIRD LAWS ABOUT ABORTION.

TED: I SHOULD MENTION, THEY'RE GOING TO BE ON THE SHOW IN JUST A MINUTE.

IF IT GOES DEMOCRATIC, THEY'RE IN YOUR HOUSE.

>> WE HAVE A HANDFUL OF SWING DISTRICTS.

LD2, SHAWNNA BOLICK WHOSE HUSBAND IS ON THE SUPREME COURT AND ON THE AFFIRMATIVE SIDE OF THIS CAME OUT WITH A STATEMENT SAYING SHE SUPPORTS REPEALING THE TERRITORIAL LAW.

LD4, MATT GRASS CAME OUT NOT ONLY WITH A STATEMENT BUT A VIDEO, AND SAID WE NEED TO PROTECT WOMEN'S REPRODUCTIVE RIGHTS AND REPEAL THE TERRITORIAL LAW AND CALL ON THE PRESIDENT AND THE SPEAKER TO DO THAT IMMEDIATELY, AND THE GOVERNOR DID THE SAME.

TED: CONGRESSMAN CISCOMANI, CONGRESSMAN SCHWEIKERT, ALL SWING DISTRICTS AND REPUBLICANS ARE SAYING I DON'T WANT ANY PART OF THIS.

>> THEY WERE READY TO GO AND HAD TWITTER FEEDS AND INSTAGRAMS ARE WORKING OVERTIME.

TED: WHAT DO YOU MAKE OF THAT?

>> THIS IS THE SAME -- EXCUSE THE ANALOGY, THEY TOLD US TO SMILE MORE WHEN BRETT KAVANAUGH WAS NOMINATED AND TRUMP WON.

THIS IS GOING TO AFFECT RACHEL MITCHELL, SHE HELPED BRETT KAVANAUGH GET CONFIRMED BY THE UNITED STATES SENATE TO SIT ON THE UNITED STATES SUPREME COURT.

THIS IS GOING TO HAVE AFTERSHOCKS ALL THE WAY DOWN ARIZONA'S BALLOT.

>> AND THE OTHER THING AS PREVIOUS GUEST SAID, THE FOUR AFFIRMATIVES WERE DUCEY APPOINTMENTS, THE TWO DISSENTERS WERE BREWER APPOINTMENTS, AND INTERESTINGLY ENOUGH, JUSTICE BOLICK AND JUSTICE KING ARE UP FOR RETENTION IN NOVEMBER AND SAW IN 2022, THREE JUDGES WERE THAT WERE NOT RETAINED.

TED: LAST QUESTION, A YEA OR NAY ON THIS.

AN ISSUE ON THE BALLOT?

>> IT IS ON THE TO.

YOU USE IT YEA OR NAY, BUT WE HAVE IMMIGRATION.

TED: AND YOU?

>> ABSOLUTELY.

TED: SHE SAID YES.

>> WE HAVE TO EQUIVOCATE.

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>>> DEMOCRATIC STATE SENATOR EVA BIRCH OF MESA MADE HEADLINES WHEN SHE TOLD FELLOW LAWMAKERS SHE WAS GOING TO GET AN ABORTION BECAUSE PREGNANCY WAS NO LONGER VIABLE.

THE FIRST TERM LAWMAKER CRITICIZED ARIZONA RESTRICTIONS AS BEING OUT OF TOUCH AND PUSHED FOR LEGISLATION THAT WOULD PUSH FOR CONSTITUTIONAL RIGHT TO ABORTION IN THE STATE.

EARLIER TODAY WE SPOKE TO SENATOR BIRCH ABOUT TODAY'S SUPREME COURT RULING.

SENATOR, EVA BIRCH, THANK YOU FOR JOINING US ON "ARIZONA HORIZON."

GOOD TO HAVE YOU HERE.

THIS IS A VERY BIG DAY.

YOUR THOUGHTS ON TODAY'S RULING?

>> I HAVE TO BE HONEST WITH YOU, I WAS SHOCKED.

I WAS JUST SO SURPRISED THAT THIS IS WHERE WE WENT WITH THIS DECISION.

I THINK THAT FOR A LOT OF US, WE WERE EXPECTING, WE WERE ANTICIPATING THAT THIS WOULD NOT GO THROUGH IN THIS WAY, SO I AM FIRST AND FOREMOST SHOCKED, BUT I'M ALSO SO UPSET.

I'M HEART BROKEN BUT OUTRAGED BY THIS DECISION AND BY THE REALITY OF WHAT THE IMPLICATIONS COULD BE FOR PEOPLE IN ARIZONA.

TED: SPEAKING OF IMPLICATIONS, IMPLICATIONS FOR YOU, YOU MADE NATIONAL HEADLINES WHEN YOU ANNOUNCED YOU WERE PLANNING ON HAVING AN ABORTION BECAUSE OF A PROBLEM WITH PREGNANCY.

I MEAN INTERNATIONAL HEADLINES.

HOW DOES THIS AFFECT YOUR PLANS?

>> THIS HAS A DIRECT EFFECT FOR PATIENTS LIKE ME.

THIS HAPPENED TWO YEARS AGO, WHERE I HAD A SIMILAR SITUATION WHERE I HAD A PREGNANCY, A WANTED PREGNANCY THAT FAILED, AND WHERE I HAD AN ABORTION SCHEDULED, I HAD THE PROCEDURE, AND TWO WEEKS LATER IN THE WAKE OF THE ROE DECISION, ABORTION CLINICS IN ARIZONA CLOSED DOWN ALL OVER THE STATEMENT WE'RE LOOKING AT THE POSSIBILITY OF THAT HAPPENING AGAIN.

TED: YOU'VE SAID THAT THIS ISN'T WHAT THE PEOPLE OF ARIZONA WANT.

IF IT'S NOT WHAT THE PEOPLE OF ARIZONA WANT, HOW DID IT HAPPEN?

>> WELL, I THINK IT'S PRETTY OBVIOUS THAT WE HAVE HAD A LEGISLATURE IN ARIZONA, EXTREMIST POLITICIANS AFTER THIS TYPE OF RULING FOR DECADES.

THAT THIS HAS BEEN LITERALLY DECADES IN THE MAKING WHERE WE HAD EXTREMIST POLITICIANS AT EVERY ANTIABORTION BILL THAT COMES BY THE DESK GETS SIGNED AND EVERY PIECE OF LEGISLATION THAT COULD MAKE ABORTION LESS ACCESSIBLE TO THE PEOPLE OF ARIZONA GETS SUPPORTED AND THIS HAS JUST BEEN A SNOWBALL OF A SERIES OF EVENTS THAT HAS LED US TO WHERE WE ARE TODAY.

TED: AS FAR AS THE COURT'S RULING TODAY, SOME OF THE POINTS THAT WERE MADE IN THE DECISION, LAWMAKERS NEVER ACTUALLY REPEALED THAT 1864 LAW.

THAT'S ONE OF THE REASONS THE COURT DECIDED WHAT IT DID TODAY.

DID THEY HAVE A POINT IN DOING THAT?

>> WELL, WHAT I WILL SAY IS THAT IT'S NOT THAT THERE WASN'T ANY LEGISLATION AVAILABLE FOR US TO BE ABLE TO VOTE ON.

WE HAD REPS ON HAMILTON'S BILL THAT WOULDN'T GET A HEARING IN COMMITTEE THAT WOULD HAVE REPEALED THIS LAW, AND THIS IS, AGAIN, SOMETHING THAT HAPPENED TWO YEARS AGO, THEY HAD ALL OF THIS TIME TO REPEAL THAT LAW.

DO I THINK THAT JUSTIFIES THE COURT'S DECISION?

ABSOLUTELY NOT.

I DON'T THINK SO AT ALL.

I THINK THAT THIS, AGAIN, IS CLEARLY UNCONSTITUTIONAL.

I KNOW THAT THE ATTORNEY GENERAL FEELS THE SAME WAY, SO I'M ANTICIPATING THERE'S GOING TO, AGAIN, BE A BATTLE MOVING FORWARD.

>> I WANT TO GET TO THE BATTLE IN A SECOND.

AS FAR AS THE COURT RULING THAT LAWMAKERS, LEGISLATURE, YOU GUYS, DID NOT CREATE A RIGHT TO ABORTION, AND THAT IS WHY THE COURT HAD TO DECIDE.

YOU'RE SAYING IT'S NOT JUSTIFICATION.

THEY'RE LOOKING AT STATUTE HERE, BUT YOU'RE SAYING IT NEEDS TO GO FURTHER?

>> I CAN'T EVEN BELIEVE WE'RE DIGNIFYING THE QUESTION, TO BE HONEST WITH YOU, ABOUT WHETHER OR NOT WE SHOULD TAKE A PRESTATEHOOD BAN AND SAY THAT SUPERSEDES OTHER LEGISLATION THAT HAS HAPPENED.

WE'RE TALKING ABOUT A BA N THAT WAS DRAFTED WHEN WOMEN DIDN'T HAVE THE RIGHT TO VOTE.

DO I THINK THERE'S AN EXCUSE FOR UPHOLDING THAT TYPE OF LEGISLATION?

NO.

TED: YOU'VE TALKED TO REPUBLICANS, I'M SURE, AT THE CAPITOL, HOW DO THEY FEEL ABOUT THIS?

>> WELL, I THINK THAT WE ARE GOING TO SEE A LOT OF MENTAL GYMNASTICS AND SEE A LOT OF REPUBLICAN POLITICIANS WHO ARE BACKTRACKING ON STATEMENTS AND VOTES THAT THEY HAVE MADE PREVIOUSLY.

I HAVE NOT HAD CONVERSATIONS DIRECTLY SINCE THE DECISION CAME DOWN BECAUSE THIS IS VERY, VERY RECENTLY, IN RECENT HOURS HERE.

I'M ANTICIPATING THAT I'M GOING TO HAVE REPUBLICANS REACHING OUT TO ME.

I HOPE THAT WILL HAPPEN, BUT THIS HAS BEEN HAPPENING AGAIN