The Arizona governor, Katie Hobbs, a Democrat, called for an Arizona supreme court ruling to be repealed that permits enforcement of an 1864 law banning almost all abortions. Speaking at a press conference the governor said: ‘The near total civil war-era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.’ First passed when Arizona was still a territory, the ban only permits abortions to save a patient’s life and does not make exceptions for rape or incest.
Law was created during the civil war. Republicans wanna force people back to a world where slavery still exists.
AZ will be voting Blue in November.
AZ already voted blue. It apparently doesn’t matter if judges get to legislate.
Judges confirming existing laws. Laws must be re-written. Old laws must be banished. Vote Blue.
Judges nullify re-written laws all the time, as is the case here.
Actually no. New law was written but old law was not made defunct. So it must be removed.
So the judiciary nullified a new law because the judiciary hadn’t nullified an old law. Sounds like you’re making my point for me.
No, in this case, the 15-week law was specifically designed by the GOP in a purple state NOT to “create a right to an abortion.” It was a bullshit law meant to restrict as much as they could before Roe was overturned. Paragraph 24 on page 12:
The legislature included a two-part construction provision in S.B. 1164, expressing its unequivocal intent that, in restricting elective abortion to fifteen weeks’ gestation, it did not create, recognize, or expand a right to an abortion, nor did it repeal § 13-3603’s proscription on elective abortion:
This act does not:
-
Create or recognize a right to abortion or alter generally accepted medical standards. The Legislature does not intend this act to make lawful an abortion that is currently unlawful.
-
Repeal, by implication or otherwise, section 13-3603, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion.
The solution is a state constitutional amendment that should be on the ballot.
-
We will be voting on this in November.
If there’s any silver lining in all this it’s that Republicans can’t grasp the whole picture. They’re just doing the same thing they did in the midterms. Enduring some BS now so the Dems get the house, Senate, and presidency.
69,000 pregnancies from rape last year in America.
The only anti-abortionists whose views are at all consistent are the ones who want no rape exception for abortion. A fetus is a fetus.
Of course, they know that virtually no one else, even many hypocritical anti-abortion people, would accept that, so they usually don’t push for it.
That hasn’t stopped Republicans in ten states from pushing that extreme position into law, though.
https://www.cnn.com/us/abortion-access-restrictions-bans-us-dg/index.html
It’s despicable to call that pro-life when it puts so many lives at risk.
That sounds incredibly low for America.
Republicans have made a lot of hay out of legislating from the bench.
It doesn’t matter what the people want. All they need to do is put the right judges in place.
Which, I believe, is the real and lasting damage Mitch McConnell has done to this country.
Can someone with a legal background explain to me how a law written before the state even existed is somehow considered more legitimate than current law?
It might be current law if no one changed it.
did they do something like roll all previous laws into current ones at incorporation/ statehood?
Most states just continued their territory laws into state laws. By the time that Arizona became a state, there was a well used process of territories becoming states, including an established territory legislature and executive nominated by the President.
It would usually be the task of the first legislature to change any law that needed to be changed to work with the new state constitution, but the changes would likely be minimal.
