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BumRushDaShow

(129,376 posts)
Wed Apr 10, 2024, 06:23 AM Apr 10

Arizona Republicans denounce revived 1864 abortion ban in sudden reversal

Source: The Guardian

Wed 10 Apr 2024 05.00 EDT


Hours after Arizona’s 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 patient’s life and does not have exceptions for rape or incest. “Today’s 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 today’s 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

45 replies = new reply since forum marked as read
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Arizona Republicans denounce revived 1864 abortion ban in sudden reversal (Original Post) BumRushDaShow Apr 10 OP
This indeed is fucked up and an effing slap in the face............................... Lovie777 Apr 10 #1
Well hey, AZ Republicans enact a NEW law that restores the right no_hypocrisy Apr 10 #2
Right? They could stand on the side of women and kids and AllyCat Apr 10 #3
Yes, stop yakkin' and start writing a better bill. Nt spooky3 Apr 10 #5
I am holding my breath...waiting...waiting... dutch777 Apr 10 #10
They originally DID have a law in 2022 pending what the SCOTUS would do BumRushDaShow Apr 10 #11
I'm confused. They already have have a 15 week ban and this pre-statehood ban supersedes it? LeftInTX Apr 10 #16
YES!!! BumRushDaShow Apr 10 #19
OMG!! LeftInTX Apr 10 #21
Yup BumRushDaShow Apr 10 #22
I wonder if the state legislature can simply rewrite/amend the 1864 law to 15 weeks? LeftInTX Apr 10 #26
I saw an article where the AZ AG said she was NOT going to enforce this BumRushDaShow Apr 10 #33
That would require principles and courage, which are in short supply in the GOP. apnu Apr 10 #12
And McCain wasn't nearly as courageous NanaCat Apr 10 #35
Yeah, if only Arizona lawmakers had the power to make new laws. tanyev Apr 10 #14
They did! See post #11 above. The Supreme Court stated a 1864 pre-statehood law superseded a 2022 law LeftInTX Apr 10 #24
Actually, the 2022 law supersceded itself.... getagrip_already Apr 10 #28
OK..thanks.. LeftInTX Apr 10 #30
You caught the car. Now proceed to MOMFUDSKI Apr 10 #4
I thought this was what they wanted. mwb970 Apr 10 #6
They held a prayer meeting in the state house on MONDAY in support of the 1864 law AZSkiffyGeek Apr 10 #29
OMG! And I thought the Texas lege was nuts. At least our reps and senators don't speak in tongues. LeftInTX Apr 10 #31
*wags finger* We know your real stance Kari. cstanleytech Apr 10 #7
Too late, assholes. Paladin Apr 10 #8
LIke the goose just walked over their political graves . . . hatrack Apr 10 #9
Scurrying like roaches! SunSeeker Apr 10 #13
Bullshit. They are covering their asses before the firestorm starts. This is NoMoreRepugs Apr 10 #15
Imposing a total ban Icanthinkformyself Apr 10 #17
Just wondering Seinan Sensei Apr 10 #18
They know they're screwed, even in Arizona. Joinfortmill Apr 10 #20
These lying aholes are now afraid. They own this. They just don't want to publicly. 58Sunliner Apr 10 #23
Wear it proudly, assholes. dalton99a Apr 10 #25
Playing catch up ball is a desperation move and never works out well. But it is good to smell the fear ... marble falls Apr 10 #27
The 2022 law included language stating the 1864 law would take precedance getagrip_already Apr 10 #32
That's what I figured BumRushDaShow Apr 10 #34
FA FO Mz Pip Apr 10 #36
Need Abstractartist Apr 10 #37
Tar them all Old Crank Apr 10 #38
It sure would be nice if Republicans Quanto Magnus Apr 10 #39
They are trying to cover themselves. The state gop The Third Doctor Apr 10 #40
Snap, it is going to cost some republican state seats in Nov. republianmushroom Apr 10 #41
This message was self-deleted by its author LudwigPastorius Apr 10 #42
Hoist by their own petard. maxsolomon Apr 10 #43
Yeah, right. efhmc Apr 10 #44
They wanted immigration reform, then ran from it. They wanted an abortion ban, then ran from it. mwb970 Apr 10 #45

Lovie777

(12,321 posts)
1. This indeed is fucked up and an effing slap in the face...............................
Wed Apr 10, 2024, 06:27 AM
Apr 10

towards modern day women. Damn.

no_hypocrisy

(46,160 posts)
2. Well hey, AZ Republicans enact a NEW law that restores the right
Wed Apr 10, 2024, 06:28 AM
Apr 10

for women alone to decide their reproductive futures.

AllyCat

(16,216 posts)
3. Right? They could stand on the side of women and kids and
Wed Apr 10, 2024, 06:39 AM
Apr 10

Make a new law that protects them.

But, they won’t…

dutch777

(3,035 posts)
10. I am holding my breath...waiting...waiting...
Wed Apr 10, 2024, 07:13 AM
Apr 10

Action, you want action? Hey, they are Repugs, they just complain and dither. They are the NAP---- NO Action Party.

BumRushDaShow

(129,376 posts)
11. They originally DID have a law in 2022 pending what the SCOTUS would do
Wed Apr 10, 2024, 07:41 AM
Apr 10
March 30, 2022 / MODIFIED MAR 30, 2022 4:45 P.M.
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).

BumRushDaShow

(129,376 posts)
19. YES!!!
Wed Apr 10, 2024, 09:01 AM
Apr 10


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

(25,523 posts)
21. OMG!!
Wed Apr 10, 2024, 09:07 AM
Apr 10

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

(129,376 posts)
22. Yup
Wed Apr 10, 2024, 09:18 AM
Apr 10

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

(25,523 posts)
26. I wonder if the state legislature can simply rewrite/amend the 1864 law to 15 weeks?
Wed Apr 10, 2024, 09:31 AM
Apr 10

(Not that I favor a 15 week ban, but hey it's better than the 1864 law)

BumRushDaShow

(129,376 posts)
33. I saw an article where the AZ AG said she was NOT going to enforce this
Wed Apr 10, 2024, 09:46 AM
Apr 10

Also here is some info on the AZ Constitutional Amendment -

Arizona abortion rights amendment backers says they've gathered signatures needed for 2024 ballot


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 it’s 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 mother’s 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

(8,758 posts)
12. That would require principles and courage, which are in short supply in the GOP.
Wed Apr 10, 2024, 07:55 AM
Apr 10

Republicans lost the last person of courage when McCain died.

NanaCat

(1,231 posts)
35. And McCain wasn't nearly as courageous
Wed Apr 10, 2024, 11:33 AM
Apr 10

As he hyped himself for being.

It was a bunch of self-hype in his case.

LeftInTX

(25,523 posts)
24. They did! See post #11 above. The Supreme Court stated a 1864 pre-statehood law superseded a 2022 law
Wed Apr 10, 2024, 09:27 AM
Apr 10
https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3223391

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

(14,825 posts)
28. Actually, the 2022 law supersceded itself....
Wed Apr 10, 2024, 09:41 AM
Apr 10

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.

AZSkiffyGeek

(11,062 posts)
29. They held a prayer meeting in the state house on MONDAY in support of the 1864 law
Wed Apr 10, 2024, 09:42 AM
Apr 10

Apparently it was quite dramatic with members speaking in tongues and rolling on the floor.

LeftInTX

(25,523 posts)
31. OMG! And I thought the Texas lege was nuts. At least our reps and senators don't speak in tongues.
Wed Apr 10, 2024, 09:44 AM
Apr 10

Hope this doesn't give them ideas!!1

cstanleytech

(26,318 posts)
7. *wags finger* We know your real stance Kari.
Wed Apr 10, 2024, 06:59 AM
Apr 10

"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

(28,271 posts)
8. Too late, assholes.
Wed Apr 10, 2024, 07:03 AM
Apr 10

Democrats, this is what can be accomplished when we organize public opinion against our enemies.

NoMoreRepugs

(9,454 posts)
15. Bullshit. They are covering their asses before the firestorm starts. This is
Wed Apr 10, 2024, 08:22 AM
Apr 10

what they want. Unfortunately for them it shows exactly who they are.

Icanthinkformyself

(220 posts)
17. Imposing a total ban
Wed Apr 10, 2024, 08:43 AM
Apr 10

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

(366 posts)
18. Just wondering
Wed Apr 10, 2024, 08:44 AM
Apr 10

If anti-abortion AZ justices and lawmakers had a Time Machine
Would they go back to the 1940s and abort Joe Biden?

marble falls

(57,172 posts)
27. Playing catch up ball is a desperation move and never works out well. But it is good to smell the fear ...
Wed Apr 10, 2024, 09:38 AM
Apr 10

... 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

(14,825 posts)
32. The 2022 law included language stating the 1864 law would take precedance
Wed Apr 10, 2024, 09:45 AM
Apr 10

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

(129,376 posts)
34. That's what I figured
Wed Apr 10, 2024, 09:52 AM
Apr 10

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

Abstractartist

(10 posts)
37. Need
Wed Apr 10, 2024, 11:46 AM
Apr 10

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 can’t 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.

🤙🏻

Quanto Magnus

(898 posts)
39. It sure would be nice if Republicans
Wed Apr 10, 2024, 12:43 PM
Apr 10

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...

Response to BumRushDaShow (Original post)

mwb970

(11,365 posts)
45. They wanted immigration reform, then ran from it. They wanted an abortion ban, then ran from it.
Wed Apr 10, 2024, 03:38 PM
Apr 10

I'm picking up a pattern here.

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