Arizona Republicans denounce revived 1864 abortion ban in sudden reversal
Source: The Guardian
Wed 10 Apr 2024 05.00 EDT
Hours after Arizonas supreme court declared on Tuesday that a 160-year-old abortion ban is now enforceable, Republicans in the state took a surprising stance for a party that has historically championed abortion restrictions they denounced the decision. This decision cannot stand, said Matt Gress, a Republican state representative. I categorically reject rolling back the clock to a time when slavery was still legal and we could lock up women and doctors because of an abortion.
First passed when Arizona was still a territory, the ban only permits abortions to save a patients life and does not have exceptions for rape or incest. Todays Arizona supreme court decision reinstating an Arizona territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least, said TJ Shope, a Republican state senator. I oppose todays ruling, added Kari Lake, a Republican running to represent Arizona in the US Senate and a loyalist of Donald Trump. Lake called on the state legislature to come up with an immediate commonsense solution that Arizonans can support.
Since the US supreme court overturned Roe v Wade, leading the GOP to stumble in the 2022 midterms and abortion rights supporters to win a string of ballot measures, including in purple and red states, Republicans have struggled to find a way to talk about abortion without turning off voters. But their response to the ruling on the 1864 ban may mark their fastest and strongest rebuke of abortion bans since Roe fell.
This is an earthquake that has never been seen in Arizona politics, said Barrett Marson, a Republican consultant in Arizona, of the decision. This will shake the ground under every Republican candidate, even those in safe legislative or congressional seats.
Read more: https://www.theguardian.com/us-news/2024/apr/10/arizona-republicans-against-state-abortion-ban
Lovie777
(12,393 posts)towards modern day women. Damn.
no_hypocrisy
(46,309 posts)for women alone to decide their reproductive futures.
AllyCat
(16,262 posts)Make a new law that protects them.
But, they wont
spooky3
(34,525 posts)dutch777
(3,060 posts)Action, you want action? Hey, they are Repugs, they just complain and dither. They are the NAP---- NO Action Party.
BumRushDaShow
(129,976 posts)Arizona governor signs bills limiting abortion, trans rights
Among legislation signed Wednesday is a ban on abortion after 15 weeks of pregnancy.
by AZPM staff and Associated Press
Gov. Doug Ducey has signed a series of bills targeting abortion and transgender rights. The governor's signature Wednesday puts Arizona on a growing list of GOP-led states pursuing a conservative social agenda. The measures will outlaw abortion after 15 weeks if the U.S. Supreme Court allows it, prohibit gender confirmation surgery for minors and ban transgender girls from playing on girls sports teams.
Ducey is an abortion opponent who has signed every piece of anti-abortion legislation that has reached his desk since he took office in 2015. He said late last year that he hoped the Supreme Court overturns the Roe v. Wade decision that enshrined the right to abortion.
And in signing Senate Bill 1164 on Wednesday, he nodded to the high court case that is expected to decide the fate of 15-week bans, like Arizona's.
In Arizona, we know there is immeasurable value in every life including preborn life, Ducey said in a signing letter. I believe it is each state's responsibility to protect them. Opponents said the ban would disproportionately impact women with the least access to health care.
(snip)
https://news.azpm.org/p/newsc/2022/3/30/208434-arizona-governor-signs-bills-limiting-abortion-trans-rights/
Once Roe was overturned, they decided to get the state Supreme Court to resurrect and grandfather-in a provision that was enacted when AZ was not even a state (the existence of that which should have been invalidated right off the bat).
LeftInTX
(25,772 posts)BumRushDaShow
(129,976 posts)So was it declared by the AZ state Supreme Court.
(I don't have the text of that law in front of me but I think AZ and other states either amended their existing laws or passed new ones right after the Roe "leak" to allow any more draconian provisions to go into effect depending on what the SCOTUS eventually did with Roe)
LeftInTX
(25,772 posts)There is no appealing to federal court because it's a state law.
I guess the only things the feds could do is determine whether a pre-statehood law is valid, but I doubt they would take the case.
The reason I doubt the feds would take it up is because many states might have pre-statehood laws on their books. It would probably put on "undue burden" on many states to dig up old laws and remove them from their books.
BumRushDaShow
(129,976 posts)I expect the federal courts to take a hard pass on that.
The state legislature is going to somehow have to invalidate that pre-statehood provision explicitly.
HOWEVER, there is an amendment to the state Constitution that is being promoted where they supposedly have enough signatures to put it on the ballot as an initiative, so that might do the trick depending on how it's worded and if it is anticipated to overrule any previous provision (state law or pre-state "law" ).
LeftInTX
(25,772 posts)(Not that I favor a 15 week ban, but hey it's better than the 1864 law)
BumRushDaShow
(129,976 posts)Also here is some info on the AZ Constitutional Amendment -
April 2, 2024, 10:00 AM EDT / Updated April 2, 2024, 11:42 AM EDT
By Alex Tabet
(snip)
The constitutional amendment that Arizona for Abortion Access is putting forward would create a fundamental right to receive abortion care up until fetal viability, or about the 24th week of pregnancy, with exceptions after that point if a health care professional decides its needed to protect the life or physical or mental health of the pregnant individual. Opponents of the measure have focused on the potentially broad application of the mental health exception, arguing that it would make it far too easy to end viable pregnancies.Under current Arizona law, abortion is legal up until the 15th week of pregnancy, with an exception after that to save the mothers life and no exceptions after that point for rape or incest.
(snip)
https://www.nbcnews.com/politics/2024-election/arizona-abortion-rights-amendment-backers-says-gathered-signatures-nee-rcna145922
So the Amendment further expands the access originally provided in the 2022 "15 week" law and obviously beyond that old pre-state mess.
I *think* the old "law" (in quotes) goes into effect 10 days after that ruling so the legislature has to decide what to do at this point.
They will be swinging in the wind like AL was with their ridiculous IVF ruling.
apnu
(8,760 posts)Republicans lost the last person of courage when McCain died.
NanaCat
(1,511 posts)As he hyped himself for being.
It was a bunch of self-hype in his case.
tanyev
(42,673 posts)LeftInTX
(25,772 posts)The 2022 law was a 15 week ban.
Not that I was in favor of the 15 week ban, but it was certainly better than this 1864 law.
getagrip_already
(14,958 posts)Part of the 2022 law actually stated that if roe was overturned, the 1864 law would take precedent over the new law.
This was intentionally written into the law.
Ducey signed it knowing that.
It was by design.
LeftInTX
(25,772 posts)MOMFUDSKI
(5,787 posts)shred it like you dogs have dreamt about.
mwb970
(11,375 posts)republicans don't seem to be very smart.
AZSkiffyGeek
(11,151 posts)Apparently it was quite dramatic with members speaking in tongues and rolling on the floor.
LeftInTX
(25,772 posts)Hope this doesn't give them ideas!!1
cstanleytech
(26,355 posts)"I'm incredibly thrilled that we are going to have a great law that's already on the books...it will prohibit abortion in Arizona except to save the life of a mother. And I think we're going to be paving the way and setting course for other states to follow."
Paladin
(28,284 posts)Democrats, this is what can be accomplished when we organize public opinion against our enemies.
hatrack
(59,602 posts)What a surprise!!
SunSeeker
(51,798 posts)Too late, GOP!
NoMoreRepugs
(9,511 posts)what they want. Unfortunately for them it shows exactly who they are.
Icanthinkformyself
(223 posts)is a Republican tactic to force a 'compromise'. They just want to be in the genecologists examination room, not necessarily in the bedroom. But, if people keep 'acting up' they will just have to force open that bedroom door. Conservatives are zero sum thinkers and they only accept compromise when it's the other side doing it.
Seinan Sensei
(372 posts)If anti-abortion AZ justices and lawmakers had a Time Machine
Would they go back to the 1940s and abort Joe Biden?
Joinfortmill
(14,510 posts)58Sunliner
(4,431 posts)dalton99a
(81,705 posts)marble falls
(57,494 posts)... and flop sweat when they realize their signature go-to hard core anti-abortion stand has blown entirely up and in their faces.
getagrip_already
(14,958 posts)Should roe be overturned. It was always part of the bill that this would happen.
It's been tied up in the courts and the sc was the last hurdle.
But it was by design. Dicey knew it when he signed the bill.
They all knew it.
BumRushDaShow
(129,976 posts)It was one of those Roe "trigger" things when the leak came out.
But AZ does have enough signatures for a Constitutional Amendment referendum this November that would expand access to 24 weeks, plus other provisions - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3223485
Mz Pip
(27,462 posts)What did they think would happen when they elected reactionary dumwits?
Abstractartist
(10 posts)I am hopeful of a solid blue outcome on this travesty of a court ruling. Please take this issue DEEP into your heart, mind and soul and vote for your democrat candidate. We cant preserve democracy by just talking about it. We can only preserve democracy by voting for it. Help your family, neighbors, friends by GETTING OUT THE VOTE.
🤙🏻
Old Crank
(3,667 posts)With the same brush.
This is what they wanted.
Quanto Magnus
(905 posts)stopped lying so much....
They've been gunning for this for DECADES. Now that they have succeeded and realized how unpopular that position is, they're suddenly about moderation??
MSM need s to be calling them out for this.... of course they won't...
The Third Doctor
(241 posts)Knows they have stepped into it.
republianmushroom
(13,853 posts)Response to BumRushDaShow (Original post)
LudwigPastorius This message was self-deleted by its author.
maxsolomon
(33,457 posts)They engineered it, and now it's blown up in their faces.
efhmc
(14,736 posts)mwb970
(11,375 posts)I'm picking up a pattern here.