Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules

[wing2000]

Arizona was going to be a tight race in November....now with the States Supreme Court upholding a Civil War era law, I expect Republicans will lose across many races as many will be voting for the ballot measure to protect a woman's right to chose. The law is on hold pending review by a lower court (details pending).

"The Arizona Supreme Court on Tuesday upheld a 160-year-old abortion ban that could shutter abortion clinics in the state, saying the law that existed before Arizona became a state could be enforced going forward.

The ruling indicated the ban can only be prospectively enforced and the court stayed enforcement for 14 days. But it's already causing political earthquakes.

The pre-statehood law mandates two to five years in prison for anyone aiding an abortion, except if the procedure is necessary to save the life of the mother. A law from the same era requiring at least a year in prison for a woman seeking an abortion was repealed in 2021."

Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules

The 1864 law mandates prison time for abortion providers and only allows for abortion if the mother's life is at risk.

www.azcentral.com

 

[wing2000]

...Kari Lake's backflip...

Kari Lake, the leading Republican candidate for Senate in Arizona, was quick to denounce the state Supreme Court’s ruling upholding an 1864 law banning nearly all abortions in the state. The law is “out of step with Arizonans,” she said in a statement. She called on state lawmakers to “come up” with a “solution that Arizonans can support.”

But Ms. Lake, an ally of former President Donald J. Trump and a 2020 election denier, had voiced enthusiastic support for the law less than two years ago, when she was in the midst of a scorched-earth campaign for the Republican nomination for governor. Asked then what she thought of the ban, she said she was thrilled it existed and called a “great law.”

Kari Lake Called Arizona’s Abortion Ban a ‘Great Law,’ but Now She Denounces It

In her 2022 race for governor, Ms. Lake delivered a strict anti-abortion message. Now running for Senate, she is retreating from that position.

www.nytimes.com

 

[wing2000]

...and some Arizona Republicans vow to replace the Civil War era law:

A handful of Arizona Republican lawmakers and officials called for action on Tuesday to mitigate the impact of a court decision reinstituting a 160-year-old ban on nearly all abortions in the state.

Former Gov. Doug Ducey*, a Republican, called on officials to "address this issue with a policy that is workable and reflective of our electorate."

Rep. Matt Gress, R-Phoenix, called on Republican leaders to immediately repeal the 160-year-old law, saying “the law cannot stand.” Sen. T.J. Shope, R-Coolidge, also called for a repeal of the law. Both lawmakers favored a ban on abortions after 15 weeks.

Some Republicans want to mitigate Arizona abortion ban. Democrats call it backpedaling

A handful of Arizona Republican officials called for action to mitigate the 1864 ban. The statements were dismissed by Democrats as GOP backpedaling.

www.azcentral.com

 

[Akita Suggagaki]

Trumps wants states to decide but I guess he says Arizona went too far. So be it.

 

[wing2000]

Trumps wants states to decide but I guess he says Arizona went too far. So be it.

....and he won't say what is far enough.

 

[Pommer]

...Kari Lake's backflip...

Kari Lake, the leading Republican candidate for Senate in Arizona, was quick to denounce the state Supreme Court’s ruling upholding an 1864 law banning nearly all abortions in the state. The law is “out of step with Arizonans,” she said in a statement. She called on state lawmakers to “come up” with a “solution that Arizonans can support.”

But Ms. Lake, an ally of former President Donald J. Trump and a 2020 election denier, had voiced enthusiastic support for the law less than two years ago, when she was in the midst of a scorched-earth campaign for the Republican nomination for governor. Asked then what she thought of the ban, she said she was thrilled it existed and called a “great law.”

Kari Lake Called Arizona’s Abortion Ban a ‘Great Law,’ but Now She Denounces It

In her 2022 race for governor, Ms. Lake delivered a strict anti-abortion message. Now running for Senate, she is retreating from that position.

www.nytimes.com

If one ties their principles to “whichever way the wind blows”, this should be expected.

 

[FreeinChrist]

AZ might be all blue in November.

 

[Desk trauma]

Trumps wants states to decide but I guess he says Arizona went too far. So be it.

Too soon would be more accurate. They did it before the election giving motivation to vote to those opposed to former president.

 

[iluvatar5150]

....and he won't say what is far enough.

What you're a star, they let you do it. You can do anything.

 

[wing2000]

Former AZ Governor Doug Ducey is questioning the AZ Supreme Court's decision....but he is primarily responsible for the current makeup of the court:

"But to better understand the court itself, look no further than the year 2016, when Gov. Doug Ducey, a Republican, successfully expanded the court’s membership from five to seven justices.
By the time Mr. Ducey left office at the end of 2022, he had easily eclipsed the state record for judicial appointments to various courts. He had also changed the nominating process by which judges are selected, essentially giving more power to the governor.
And as an ardent conservative who frequently railed against big government and championed restrictions on immigration, he also shaped an all-Republican State Supreme Court into one that had an even more libertarian, prosecutorial and conservative activist bent.

As a result, all four of the justices who were part of the majority decision in the abortion case on Tuesday were appointed by Mr. Ducey, while the two justices who dissented over any attempt to revive the earlier law were appointed by Mr. Ducey’s Republican predecessor, Jan Brewer."

How the G.O.P. Molded the Arizona Court That Upheld the Abortion Ban

Arizona’s former governor, Doug Ducey, expanded the court to seven justices. All solid conservatives, they upheld a 160-year-old abortion ban that presents a political risk to Republicans.

www.nytimes.com

Notably, two of the four justices are up for re-election in November.

 

[essentialsaltes]

Arizona Republicans block quick push to repeal near-total abortion ban, which hasn’t taken effect yet​

GOP leaders say they want to hear from constituents first.

Despite many members in their own party calling for an end to the law, GOP leaders in the Legislature, which is controlled by conservatives, said they will be "closely reviewing" the court's ruling and listening to constituents to determine the best course of action.

... notable Arizona Republicans, including Senate candidate Kari Lake and former Gov. Doug Ducey, both of whom supported less strict abortion bans, distanced themselves from the court's decision.

Democrats and Republicans alike in the Legislature have been calling to repeal the ban, which predates Arizona's statehood and includes only an exception to save the life of the pregnant woman.

[When Democrats tried to bring a bill up, Republicans did some Robert's Rules of Order Judo and adjourned for a recess, and later adjourned the legislature for a week.]

 

[wing2000]

Most Arizonans do not want to live by Arizona Territorial laws when only white male citizens” of the United States or Mexico who’d lived in the territory for six months were allowed to vote."

WaPo's Phillip Bump writes:
"It isn’t that the law is old that makes it a dubious fit for the moment. After all, the Bill of Rights is old and it contains rules and guidelines that deserve to be maintained. Instead, the point is that the Howell Code was a product of its time and its time’s morality, a point that is made more obvious when considering other elements of the law that clearly do not conform to 2024 beliefs."

....

In Section 34, it also creates the category of “excusable homicides.” Those include situations such as when “a man is at work with an axe, and the head flies off and kills a bystander” or “a parent is moderately correcting his child, or a master his servant or scholar.” Only when that correction is “moderate,” mind you. Exceed the bounds of moderation correction, and you’re subject to more severe charges.

Section 38 offers another assessment of pregnancy.
“If any woman shall endeavor, privately, either by herself or the procurement of others, to conceal the death of any issue of her body, male or female, which, if born alive, would be a bastard, so that it may not come to light, whether it shall have been murdered or not,” it reads, “every such mother being convicted thereof shall suffer imprisonment in the county jail for a term not exceeding one year.”

In other words, if you were to become pregnant out of wedlock and have a miscarriage — and then conceal it — you could go to jail for a year. If you disagreed with this rule, of course, you had little recourse. Only “white male citizens” of the United States or Mexico who’d lived in the territory for six months were allowed to vote.

In Section 47, the Howell Code addresses rape, which is defined as “the carnal knowledge of a female, forcibly and against her will.” It also specifies penalties for having “carnal knowledge of any female child under the age of ten years, either with or without her consent.” To put a fine point on it, the “consent” at issue there is purportedly coming from a 9-year-old.

https://www.washingtonpost.com/politics/2024/04/10/arizona-abortion-law-1864-laws/

 

[durangodawood]

Most Arizonans do not want to live by Arizona Territorial laws when only white male citizens” of the United States or Mexico who’d lived in the territory for six months were allowed to vote."

WaPo's Phillip Bump writes:
"It isn’t that the law is old that makes it a dubious fit for the moment. After all, the Bill of Rights is old and it contains rules and guidelines that deserve to be maintained. Instead, the point is that the Howell Code was a product of its time and its time’s morality, a point that is made more obvious when considering other elements of the law that clearly do not conform to 2024 beliefs."

....

In Section 34, it also creates the category of “excusable homicides.” Those include situations such as when “a man is at work with an axe, and the head flies off and kills a bystander” or “a parent is moderately correcting his child, or a master his servant or scholar.” Only when that correction is “moderate,” mind you. Exceed the bounds of moderation correction, and you’re subject to more severe charges.

Section 38 offers another assessment of pregnancy.
“If any woman shall endeavor, privately, either by herself or the procurement of others, to conceal the death of any issue of her body, male or female, which, if born alive, would be a bastard, so that it may not come to light, whether it shall have been murdered or not,” it reads, “every such mother being convicted thereof shall suffer imprisonment in the county jail for a term not exceeding one year.”

In other words, if you were to become pregnant out of wedlock and have a miscarriage — and then conceal it — you could go to jail for a year. If you disagreed with this rule, of course, you had little recourse. Only “white male citizens” of the United States or Mexico who’d lived in the territory for six months were allowed to vote.

In Section 47, the Howell Code addresses rape, which is defined as “the carnal knowledge of a female, forcibly and against her will.” It also specifies penalties for having “carnal knowledge of any female child under the age of ten years, either with or without her consent.” To put a fine point on it, the “consent” at issue there is purportedly coming from a 9-year-old.

https://www.washingtonpost.com/politics/2024/04/10/arizona-abortion-law-1864-laws/

The sense of the article is "look at this law's absurd provisions that no one would want in 2024".

But really the whole thing is part of a picture of life when America was "great" that a lot of people would prefer to return to.

 

[wing2000]

....and we're still in 1864. Arizona Republicans again thwarted an attempt today to roll back the 1864 law.

Republicans hold a one-seat majority in the House, so flipping two GOP votes would have allowed the chamber to move forward with the repeal bill. Ahead of the vote, Republican Reps. Matt Gress of Phoenix and David Cook of Globe indicated they backed repeal.

Gress voted with Democrats to rule GOP leadership was incorrect in stopping Stahl Hamilton's motion. Cook, who last week told CNN "what we're going to start with is this territorial law needs to be repealed," stuck with his party. That led to a 30-30 vote, which preserved Republicans' ability to block the repeal bill.

Arizona House Republicans again block Democratic effort to overturn 1864 abortion ban

Arizona lawmakers return to the Capitol for their once-a-week session amid expectations there may be a vote to repeal a near-total abortion ban.

www.azcentral.com

 

[essentialsaltes]

Arizona Republicans move to protect anti-choice Supreme Court justices on the ballot in November​

Unlike some states, [AZ Supreme Court Justices] do not have a seat for life and must run for their judgeship every four to six years. Usually most voters check YES without knowing much about them, but occasionally a judge will rule in a way that draws enough negative media scrutiny that causes him or her to be defeated in the next election.

[2 are up for election this year.]

To no one’s surprise, reproductive rights advocates are targeting both justices for removal. In addition to a November referendum that asks voters to approve an amendment to the Arizona Constitution protecting abortion rights, the ballot will also provide voters an opportunity to reject ... Associated Judges Clint Bolick and Kathryn King.

Longtime Arizonans will know Bolick, who is married to Republican Legislator Shawnna Bolick. When he was appointed to the Supreme Court by Gov. Ducey in 2016, Bolick had no judicial experience.

Knowing that Bolick and King are probably toast, Republicans Legislators are now floating a resolution that would deny voters the right to remove terrible judges:

[It has passed the AZ Senate and heads to the House -- curiously, if passed it would be a referendum on the November ballot, so Arizonans could choose to give up the right to vote for justices.]

 

[essentialsaltes]

...Kari Lake's backflip...

Kari Lake, the leading Republican candidate for Senate in Arizona, was quick to denounce the state Supreme Court’s ruling upholding an 1864 law banning nearly all abortions in the state. The law is “out of step with Arizonans,” she said in a statement. She called on state lawmakers to “come up” with a “solution that Arizonans can support.”

But Ms. Lake, an ally of former President Donald J. Trump and a 2020 election denier, had voiced enthusiastic support for the law less than two years ago,

Backflip with a half twist! Can she stick the landing?

Kari Lake bemoans fact that Arizona’s 1864 abortion ban is not being enforced, in another apparent shift​

Lake came out against the Arizona Supreme Court’s abortion ruling earlier this month and called on the state’s Democratic governor and GOP-controlled Legislature to find an “immediate common sense solution.”

[But now...]
“The Arizona Supreme Court said this is the law of Arizona, but unfortunately, the people running our state have said we’re not going to enforce it. So it’s really political theater,” Lake said in an interview with Idaho Dispatch on Saturday during a visit to the state.

“We don’t have that law as much as many of us wish we did,” she added.

 

[essentialsaltes]

GOP-controlled Arizona House votes to repeal Civil War-era abortion ban​

 

[wing2000]

3rd attempt....

The Arizona House on Wednesday narrowly voted to repeal a near-total abortion ban dating from 1864.

The 32-28 vote came after passionate speeches from Republicans, describing in graphic detail the abortion process as they argued for a "no" vote.

But with Republicans Matt Gress of Phoenix, Justin Wilmeth of Phoenix and Tim Dunn of Yuma joining with all 29 Democrats, House Bill 2677 passed.


The Arizona Senate is expected to approve the bill in the coming days.

{...stay tunned for another Kari Lake flip

GOP-controlled Arizona House votes to repeal 1864 abortion ban. Measure now goes to Senate

The Arizona House on Wednesday narrowly voted to repeal a near-total abortion ban dating from 1864.

www.azcentral.com

 

[DaisyDay]

....and he won't say what is far enough.

No, he does, but then says something else, then contradicts what he said before, then says something totally else.

 

[essentialsaltes]

GOP-controlled Arizona House votes to repeal Civil War-era abortion ban​

Arizona Senate to vote on repeal of 1864 near-total abortion ban​

If the Senate passes the repeal and Democratic Gov. Katie Hobbs signs it, as expected, it would clear the way for the state’s 15-week limit to remain state law. That restriction, enacted in 2022, does not include exceptions for rape and incest.

Republicans hope that the 15-week limit would be more palatable to voters and help neutralize the strength of reproductive rights as a voting issue.