Arizona Supreme Court allows near-total abortion ban : Using a law from the 1860s
S E E D E D C O N T E N T
April 9, 20241:09 PM ET
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Katherine Davis-Young
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After the Arizona Supreme Court allowed for near-total abortion ban, a group of abortion-rights protesters gathered outside the Arizona state Capitol in Phoenix on April 9, 2024. Katherine Davis-Young/KJZZ hide caption
toggle caption Katherine Davis-Young/KJZZ
After the Arizona Supreme Court allowed for near-total abortion ban, a group of abortion-rights protesters gathered outside the Arizona state Capitol in Phoenix on April 9, 2024.
Katherine Davis-Young/KJZZ
PHOENIX - Abortions will soon be outlawed in Arizona except in cases where a pregnant person's life is at risk. The state Supreme Court has ruled Arizona should follow a restrictive abortion law dating back to the 1860s.
Since Dec. 2022, Arizona doctors have been allowed to provide abortions up to 15 weeks into a pregnancy, based on a lower court's interpretation of state laws. But the state Supreme Court now says Arizona should follow a law banning abortions in almost all cases. It makes no exceptions for rape or incest and makes performing an abortion punishable by two to five years in prison.
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Planned Parenthood Arizona, the state's largest abortion provider, says it plans to continue providing abortions until the decision is enforced.
In the ruling, justices wrote that they will stay enforcement for 14 days, possibly longer, allowing abortions to continue during that time. Planned Parenthood Arizona, the state's largest abortion provider, says it plans to continue providing abortions as long as allowed.
An effort is already underway to put a measure on 2024 ballots that would enshrine abortion rights in the state constitution.
Democratic President Joe Biden criticized Arizona's ban in a statement, calling on Congress to pass federal abortion protections.
"Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest," he said. "This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women's freedom."
Vice President Kamala Harris is scheduled to travel to Tucson on Friday for an event focusing on "reproductive freedom." It's Harris' second trip to Arizona this year to push for expanding abortion access.
Abortion across the country
The decision comes a little more than a week after the Florida Supreme Court decided to allow that state's week's 6-week ban to take effect May 1, and a day following former President Donald Trump's announcement that abortion should be left up to the states, angering some of his supporters ahead of 2024 election.
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Trump declines to back nationwide abortion ban, says it should be left to the states
The U.S. Supreme Court reversed Roe v. Wade nearly two years ago and handed abortion decisions back to states resulting in a patchwork of laws across the country.
Fourteen states ban abortion with very limited exceptions, according to the Guttmacher Institute, a group that supports abortion rights. Another 15 states protect abortion rights in various ways, according to Guttmacher.
This November, there are efforts in about a dozen states, including the one in Arizona, to add a question to voters' ballots supporting abortion rights.
Correction April 9, 2024An earlier version of this story said that Arizona would not be able to enforce the state Supreme Court decision for 45 days. In fact, enforcement is stayed for 14 days, possibly longer.
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A law from the 1860s, precedent I guess.
I just saw something on facebook where these freakshows (republicans) and also a 1/6 terrorist were speaking in tongues on their senate floor (is that what you call it) the day before - anti-abortion extremists freakshows - led by Jan. 6th fake elector scumbag terrorist sen. Anthony Kern.
it's a run up to trump selling holy water and prayer cloths to the dumb ass thumpers that vote for him......
Get this - the law from the 1800s - William Claude Jones - as speaker of the Arizona house in 1864, he wrote the total abortion ban which is now in effect in Arizona. Three days after the session ended, he married a 15 year old girl, he was 49.
So what? It was 1864.
Always the defense of the indefesible
indefensible
Must have been a republican - like the former 'president' pedophile
Back then republicans were the Democrats
he knocked her up...
it's the conservative modus operandi. whatever they're already guilty of, accuse the opposition of committing the same crime.
the projection is palpable and endless and oh so fucking tiresome
If all these red states continue to outlaw abortions a whole industry will form over getting people to states that do not.
On the other hand, if all these red states continue to outlaw abortions, there will be a lot fewer red states.
Perhaps, but I think they'd just vote in different Republicans.
Hopefully.
hopefully they're republicans that aren't thumped out morons...
... if there's any left in gov't now.
Depends upon what their leader tells them:
At the rate they are going it won't be soon before industry will be in overdrive.
there's already volunteer networks set up in the christo-fascist states...
Like the underground railroad 2024 style.
[✘]
that's why a few anti-choice states have tried to criminalize women escaping those states for healthcare and those aiding them.
Total oppression.
And guess who decides that? It should be the doctor and patient, but it won’t be. It will be the state - the state, which has no medical expertise, has not examined the patient, and does not prioritize her interests.
Sadly, that is probably going to be true.
Don't it make your red state blue ?
For sure. I think it's a pretty safe bet that Arizona will line up in the Democratic column in November.
It seems obvious to me that in the upcoming presidential election, if its close the Abortion issue will ensure a Democratic victory.
Regardless of who the candidates are-- even if Biden or Trump are not running.
The vast majority of people do not want more government interference in private medical decisions . .
Especially by politicians that don't know how to change a band aide let alone something that requires a medical license and a brain.
a complete 180 from their covid vax rhetoric...
As we call can view from closeup: the national congress , our mutual representative body, had one of its 'sides' withholding participation and discussion of crafting a bill to unify the country through mutually shared ideas and policies. So now, the courts turn the power back to the states . . . and some of those states show their true colors (kept close to the vest for decades, even nearly a century, as they now proceed to do with their freedom from federal oversight avails - and so now with a stroke of a pen - Voila! Back, back, back we go Arizona 1864 (before women could vote and 'blacks' were yet slaves). . . . Shows us precisely where MAGA minds are 'located' in time.
MAGAs and their thinktanks did not craft a 'modern' abortion bill in keeping with the attitudes of the times. . . they superimposed the "OG" version of what's ancient, decrepit, and defunct: can be new again. (They have kept it "on ice" for such a time as this .)
Told y'all. . . some MAGAs are 'no good.' They will deceive you to get what is yours (votes) and then turn on you. And take us back; back into time; . . . . And if you have not figured it out yet. . .Make America Great Again (MAGA) is about those times 'way back when.'
A concept song:
The Jimmy Castor Bunch - Troglodyte
I wonder how members of the revenge and retribution party would feel about others making life altering health decisions for them?
You know the deal. They would start verbally 'parading around' shouting "FREEDOM!" - "U.S.A!" and CONSTITUTION!- all the while waving the biggest and floppiest red, white, and blue starry flags to be found!
Is that what they do where you live?
What with birth control and abortion pills now being widely available at low cost, abortion should not be an issue this election cycle, although the left will do its best to make it one.
Yeah right!
lol
The 'right' is doing their best to make sure we have another blue wave.
that's why I enjoy the inevitable republican autopsies after their election losses. "gee, what went wrong?" dumb ass maga politicos...
... the freedom party.
I guess we'll find out in november, huh?
Can it be 'president' from Federal prison?
What's the over and under on Alito and Thomas ruling to ban mifepristone? They worked really, really hard to lay the groundwork for a future Administration to use the Comstock Act to kill access to it.
There is no reason to expect that any one party isn't going to use any reason to energize voters to win. Just like the RNC is sending out robocalls now talking about how Dems stole the 2020 election. It's expected.
It's such a big deal even AZ populist loon Kari Lake is backtracking on her previous abortion stance.
Their goal is to outlaw recreational sex and all forms of birth control.
Their goal is a white theocratic patriarchal authoritarian wet dream. They haven't been shy about letting everyone know it either.
cool. that's always worked out so well in the past for them...
written by anthony comstock. thumper, republican, and chronic masturbater, later found to have kept much of the alleged porn he confiscated. you just can't make that shit up...
JFC are they all such sick perverted fucks? And what about traitor speaker Johnson - him and his son keeping tabs on each others porn accounts?
I guess geezus checks your cell phone at the pearly gates...
Better odds of blowing out the sun!
Hard to imagine a platform that outlaws recreational sex as a winning platform.
I am pretty sure as I have gone over it thrice now, that telling citizens what kind of sex they can have; with whom, and, what relationship it should be - does not square with (more) FREEDOM to be oneself in the land of freedoms!
Probably, I’m a slow learner.
I’m still unclear on the recreational aspect in 8.3.1 that you seemed to agree with in 8.3.7
.
“I’m still unclear…”
'That' was not about you. . .it was about me. . . .
A lot of misinformation in this article and the following posts.
When Roe v Wade was overturned in 2022, the AZ legislature passed a bill to allow abortions in the first 15 weeks. What this SC ruling said was that the law passed in 2022 did nothing to repeal the law from 160 years ago so that law was still on the books and valid.
What is also missing is that there will be a measure on the November ballot to put abortion into the state constitution, thereby giving a constitutional right to an abortion. There's a lot of talk around the Phoenix area that this SC ruling might really help pass that referendum and put abortion into the state constitution.
The referendum isn't on the ballot yet. They don't expect to have the required signatures in until July, but yeah I expect it to get there AND pass. I even see loony tunes Kari Lake has changed her tune from praising the 1860 law to saying the 15 week ban was ok.
From the article:
What the supreme court did was repeal Roe versus Wade. By doing so, opening up a 'wide' hole in the abortion 'tale' for states to act through legislatures and legislation(s) or proposed referendums/amendments on state ballots. The problem with this is their will be little to no UNIFORMITY in the laws between the states. . . it will mess with people's minds and confuse some of them when they start moving across and around the country from state to state and fail to know where they are "when" according to which state law on abortion.
And in response to the repeal of Roe v Wade, the Arizona legislature passed a law that allowed for abortions within the first 15 weeks. So Arizona was trying to work with the majority and allow for some abortions. Not sure what your point is, you're not being very clear. I said all the way back with Roe v Wade was overturned that I wasn't happy with the return to the 1960's where we had a patchwork of laws where the law varied from state to state. But individual states don't need to pass laws just because other states have passed such laws. If you want uniformity of such laws it needs to be done at the federal level. But with the current partisan divide in Washington I don't expect to see much change within my life time.
The decision is wrong. The dissent has it correct. The 2022 law is clear and not at all ambiguous and supplants the 1864 one.
It's a demonstration of a Court relying on the nebulous "legislative intent" it purports to find outside of the the text of the law rather than finding the legislators intent in the plain language of the law itself. Timmer's dissent is really well done.
We're in agreement. That is always good, when it happens!
But that's not what the Arizona Surpreme Court said.
I'm not a lawyer so I have to go by what is reported.
Yes, four judges said that. The two who didn't have the better argument, in my opinion, if you read the opinions. .
The Arizona AG can simply choose not to prosecute anyone under the law. problem solved.
The Voters of Arizona can just elect representatives who will guarantee women's reproductive rights quicker than shit, starting on Nov the 5th...
Nullification is back!
It's the new way to ignore laws your party doesn't like. No need for votes or that pesky democracy stuff.
Except it is exactly the "Democracy Stuff" coming their way that has the gop, the MAGA and El Trumpo shitting in their beds...
Pay attention. The AG of Arizona is a Democrat.
So what? The Arizona voters will ultimately get their say and anybody that gets in their way will be swept away Nov 5th...
How many women and doctors should Arizona out in prison?
I get it. You and Trump hate democracy and don't think you have to follow laws you don't like.
Sheriffs refuse to enforce gun laws, Biden’s DOJ ignores drug laws, they have a15 week ban passed. There are a bunch arcane laws from the 1800’s on the books, do you think they all should be enforced?
You are not paying attention
What the huh???????????????????????????
Talk about projection or whatever the fuck that is.
Yes, officials are not the legislature and should not overturn duly enacted laws because of their personal policy preferences. It's wrong when Biden refuses to enforce law against illegal immigrants. It's wrong when Soros DA's refuse to prosecute law breakers and its wrong here. Categorial usurpation of the legislative prerogative by the executive makes the rule of law impossible. What laws are enforced will simply be a subject of whim.
Optional and random enforcement of laws is a bad, bad path.
Yeah, these fellas think they are making sense, but really they are only losing voters with every comment they make where they are all basically endorsing a total abortion ban and demanding that the women who require an abortion and the doctors, nurses, midwives and even the friends and family who assisted them in any way be prosecuted and ultimately be imprisoned!
Ever heard of a lead balloon?
Quit being so ridiculous. I am the one advocating for Democracy in action, while you fellas are advocating for a draconian one hundred sixty year old law, which is pure electoral poison in 2024!
Now Republicans just need to devise a way to end womens voting rights, since they just lost virtually all of their support. Maybe they can work on reversing slavery laws too, since regression is their new mantra.
As Dems have learned, Constitutional Amendments are hard.
They're already working on ending child labor laws.
gee, no wonder they're so interested in banning all abortions....
They want to pay kids pennies, and help suppress wages for everyone else.
Won’t stand for long, Arizona women won’t allow it.
the party of calcified brains is losing their grasp...