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

[mahatmakanejeeves]

Source: Arizona Republic

ARIZONA
Abortion in Arizona set to be illegal in nearly all circumstances, state high court rules
Ray Stern
Arizona Republic
Published 9:57 a.m. MT April 9, 2024 * Updated 10:06 a.m. MT April 9, 2024

The Arizona Supreme Court upheld a 160-year-old abortion ban that could shutter abortion clinics in the state. ... The ruling indicated the ban can only be "prospectively enforced" and enforcement of the law is stayed 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. Enforcement would mean the end of legal abortions in Arizona. A law from the same era requiring at least a year in prison for a woman seeking an abortion was repealed in 2021.

Reproductive rights activists say it means Arizona women can expect potential health complications. ... It's unclear just how, or if, the law will be enforced. Democratic Gov. Katie Hobbs issued an executive order last year giving all power to enforce abortion laws to the state attorney general. The current attorney general, Democrat Kris Mayes, has vowed not to enforce any abortion bans. But her decision and Hobbs' order could be challenged by one of the state's county attorneys.

One immediate effect could be the rise in popularity of a potential ballot measure in the works for this year. Advocates say they've already got more than 500,000 signatures, well above the threshold of 383,923 signatures needed by an early July deadline. ... The state Supreme Court's ruling puts a stark choice before voters: Choose the new reproductive rights measure or watch abortion policy turn back to the 19th century.

{snip}

US Supreme Court ruling paved way for return of 1864 law

The abortion ban first codified in Arizona law in 1864 has been waiting 160 years to come back into effect. ... First appearing in the 1864 Howell Code, a book of laws compiled by Arizona's First Territorial Legislature, the state's abortion ban was similar to those in many states. It was enforced vigorously in Arizona until the Roe v. Wade decision. ... In 1971, Planned Parenthood of Tucson sued the state to overturn the old ban. The group lost the case in 1973 when the state Court of Appeals ruled against it. But the U.S. Supreme Court issued its historic Roe v. Wade decision the same year, causing the state Court of Appeals to issue an injunction against the pre-statehood ban.

{snip}

Reach the reporter at [e-mail] or 480-276-3237. Follow him on X@raystern. https://twitter.com/raystern

Read more: https://www.azcentral.com/story/news/politics/arizona/2024/04/09/arizona-abortion-law-state-supreme-court-upholds-near-total-ban/73251148007/

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Hat tip, Joe.My.God.

Arizona Supreme Court Upholds 1864 Ban On Abortion
April 9, 2024

https://www.joemygod.com/2024/04/arizona-supreme-court-upholds-1864-ban-on-abortion/

-- -- -- -- -- --

Note that Arizona does not generally shift to daylight saving time. Almost the entire state remains on standard time year-round.

[LetMyPeopleVote]

1. Statement of Arizonia Attorney General on Abortion Ruling

Link to tweet

[BumRushDaShow]

2. Was waiting for that ruling...

An amendment to the state Constitution may be forthcoming (enough signatures gathered to put it on the ballot - https://www.cbsnews.com/news/arizona-abortion-ballot-measure-constitution/).

[Magoo48]

3. "States Rights" do not include the right to attack women's rights whenever a bunch of crazed,

Christofascists get a wild hair up their collective, misogynistic asses.

[hlthe2b]

4. Gee, why stop pre-statehood? Surely there must be some abysmal laws dating to time under Mexico...

or the Spanish Inquisition that they can likewise bring back. This is so damned ridiculous.

But, at least it will spur the populace to take this on in a full ballot measure--hopefully quickly for the Fall elections.

[tonekat]

17. If they're sincere about making their residents live as if it's 1864

I guess they'll ban air conditioning and shut down the water treatment plants next.

[diane in sf]

5. Another state about to go blue... sounds like the state Extreme Court was appointed by Repugs.

[Coventina]

6. My great-grandmother had a late-term abortion in 1909 in the AZ Territory

It was to save her life.

The doctor told my great-grandfather: I can save the baby or your wife, but not both.
He chose his wife.
If he hadn't, I wouldn't be here.

[perdita9]

7. Women will still be required to pay their AZ taxes in full...

...even though they've lost a significant right under the law.

[multigraincracker]

8. I'm old enough to remember

rich kids went away to visit an Aunt and poor kids had unwanted children.
Back to where we started.

[Owl]

9. Perhaps those of childbearing age will move away.

[wolfie001]

10. Or show up at the polls en masse and vote

That would be the correct way to deal with this bullcrap.

[TexasBushwhacker]

14. That's what I'm thinking

If I were a centrist Republican or Independent, I would think twice about voting for Trump or Kari Lake.

[bucolic_frolic]

11. The wealthy retiree vote wants more grandchildren

They don't have to pay for them. And they can feel superior and enjoy punishing young people.

[muriel_volestrangler]

12. The Republicans packed the Arizona Supreme Court in 2016; all 4 of the majority were appointed by Doug Ducey

3 of them after the packing. The 2 of the minority were appointed before the packing (by Jan Brewer, another Republican). The 7th judge is a Joe Arpaio ally and wingnut:

Only six justices participated in Tuesday’s decision, however, after Justice Bill Montgomery — who previously accused Planned Parenthood of practicing “generational genocide” — recused himself. (The court’s chief justice did not appoint another judge to take the spot, which is an option under Arizona law.)

https://www.nbcnews.com/politics/arizona-supreme-court-ruling-abortion-ban-rcna146915

https://en.wikipedia.org/wiki/Arizona_Supreme_Court

All five Supreme Court justices opposed the expansion plan, and the courts dispatched their lobbyist to again hammer the message that the idea was unnecessary, costly and political.
...
In the end, lawmakers offered the courts only about half of what they had originally bargained for. The Legislature still cut $5 million in funding from the court system, rather than the $6 million they had threatened, and offered judges on the trial, appeals and supreme courts a 3 percent raise over two years, rather than the 6 percent raise they had agreed on.

Republican lawmakers passed the court-packing bill on party lines. And, despite a letter from Bales revoking his previous support for the expansion and urging Ducey to veto the legislation and the budget cuts, the governor signed both into law.
...
Although an earlier state Supreme Court pick, independent Clint Bolick, had faced some pushback for his work at the conservative Goldwater Institute and for being seen as too cozy with Republican lawmakers, Ducey’s next two picks—the justices who would fill the expanded court—drew considerably less criticism. Republicans Andrew Gould, a court of appeals judge who had worked as a trial court judge and prosecutor, and John Lopez IV, a former solicitor general in the state and federal prosecutor who was the first Hispanic ever appointed to the court, were widely viewed as conservative, but not outwardly political. James Beene, whom Ducey chose in 2019 as fourth appointment, even received some praise from Democrats.

Yet, Ducey’s fifth Supreme Court appointee—Bill Montgomery, a controversial prosecutor and longtime ally of former Maricopa County Sheriff Joe Arpaio—drew a firestorm of criticism from those who saw him as too political for the court. The American Civil Liberties Union described him as “the most unqualified candidate” on the governor’s list and said Montgomery’s office had “deep history of misconduct and corruption.” (Allies of Montgomery sent letters to the judicial nominating commission calling the ACLU’s attacks “false charges” that the organization was “cynically using in an effort to raise money.”) After the commission rejected his application for Ducey’s fourth vacancy in 2019, Ducey simply replaced the three commissioners who had voted against Montgomery. Soon enough, his name made it to the governor’s desk, and he was seated on the court as Ducey’s fifth and likely final appointee.

https://www.politico.com/news/magazine/2020/10/12/where-court-packing-is-already-happening-428601

As Wikipedia shows, Ducey was able to appoint Kathryn Hackett King to replace Gould in 2021.

The abortion decision:

The decision was 4-2, with Justices John R. Lopez IV, Clint Bolick, James P. Beene and Kathryn H. King in the majority. Lopez wrote the majority opinion, while Vice Chief Justice Ann A. Scott Timmer penned a dissent. Chief Justice Robert M. Brutinel joined Timmer.

Via Lawyers, Guns & Money

[ShazzieB]

13. So when are these jerks going to forbid people from traveling out of state for abortion care?

That's what usually happens next, right? And California's right next door. Oops.

Good luck with that one, Arizona!

[Wednesdays]

16. Yeah, Tucson is "right next door" to California

Like, 240 miles away next door.

[ShazzieB]

18. It's all relative.

California IS the next state over.

Compared to some states with abortion bans that are completely surrounded by other states with abortion bans, that is next door.

[miyazaki]

19. That's right. The same Arizonans who flock to CA every weekend

though their favorite topic is bad mouthing the place. Hard to count the AZ license plates heading east on Sundays rolf.

[BigmanPigman]

15. I hope there is a national Women's March

before the Nov election. We need to show unity, strength and defiance in huge numbers.