Politics
Opinion: Is Arizona's abortion ban a return to the 19th century? No, it's actually worse
Arizona’s Supreme Court opened a new front in the war on women’s reproductive rights last week when it resurrected an obscure 1864 law that bans abortion in almost all cases. Critics of the ruling say the court has thrown Arizona back into the 19th century.
That isn’t entirely fair to the 19th century.
The irony of last week’s reactionary ruling is that the author of the original law, William T. Howell, was a progressive by the standards of his time. The politics of Arizona’s current justices bear little resemblance to the 19th century antecedent upon whom their ruling relies.
Although many of Howell’s views have aged poorly, he argued against the era’s prevailing patriarchal dogma and in favor of women’s property rights. Even his abortion law was guided by concerns about maternal health, not the right-wing, religious orthodoxy that animates much of the antiabortion movement today.
If 19th century legal precedent is important, so is historical context. As today’s lawyers and politicians battle over the future of abortion rights, they should understand how and why the original Arizona law came to be. The statute emerged from the upheaval of the Civil War and its little-known front in the West.
As a history professor and the author of a book on this subject, I never expected Howell to become a posthumous standard-bearer for the modern American right. If he’s known at all, it’s as an agent of Abraham Lincoln’s campaign to stamp out slavery in the Southwest and secure Union control of the region.
That story began in the spring of 1861, when a band of migrants from neighboring Texas seized power in southern New Mexico. Proclaiming their affinity for the slave-holding South, they broke from the Union and threw their allegiance behind the newly formed Confederacy. They named their new rebel territory “Arizona.”
Several months later, the Confederacy launched its first invasion of the war — into the Southwest. The rebel invaders routed U.S. troops in several battles, secured military control over Arizona and seized Santa Fe, New Mexico’s capital. Then they planned to march on the gold fields of California.
They never made it. In the spring of 1862, Union troops sabotaged the Confederates’ supplies and finally sent them scrambling back to Texas.
Congress then divided the region into a western half (Arizona) and an eastern half (New Mexico), splitting the erstwhile Confederate Arizona Territory. To strengthen the Union’s tenuous hold, Lincoln poured federal troops and agents into the region. One of them was Howell, newly appointed as an associate justice of Arizona’s territorial Supreme Court.
A veteran jurist and former Michigan legislator, Howell got to work on a new code of laws for Arizona. The final document, now known as the Howell Code, ran to nearly 500 pages. One of its primary purposes was to ensure that slavery would never again take root in Arizona.
Buried within it was the now-infamous abortion ban. The provision was no outlier. In fact, it was copied from California’s legal code, one of many such laws passed by states and territories in the 1860s and ’70s.
From the colonial era into the early 19th century, abortions had been commonly administered and rarely criminalized. Benjamin Franklin even included a recipe for an abortifacient in a math textbook, of all places. Abortions before “quickening” — within roughly the first four or five months of pregnancy — were considered “the purview of women” rather than the law, according to the historian Sarah Handley-Cousins. Even the Catholic Church “implicitly accepted” abortions before quickening, the historian Leslie J. Reagan has noted.
The Howell Code, then, marked a departure from a more permissive approach to abortion. Even so, the antiabortion laws of the mid-19th century were generally born of a sincere concern for women’s health that is absent from today’s legislation. Tellingly, Arizona’s original antiabortion clause appeared within a provision on poisoning. The underlying premise was that abortions posed health risks to women, who were seen as victims and not held legally liable for the medical procedures performed on them.
Howell himself had a woman’s health on his mind at the time. Shortly after drafting the code, he rushed back to Michigan to be at the bedside of his ill wife. She survived, and Howell remained in Michigan, never seeing his code put into practice.
The judge had previously defended women’s right to property in their own name rather than subsumed under her husband’s. He also advocated free public schools and opposed capital punishment (though executions were allowed for certain crimes under the Howell Code).
Howell is no progressive poster child by today’s standards. He was in many ways a man of his time. And his code, written hastily in his provisional courtroom — an adobe shack adjoining a horse corral — reflected some of the prevailing prejudices of the early American frontier, imposing numerous restrictions on people who weren’t white.
But Howell is nevertheless an awkward antecedent for today’s antiabortion movement. If Arizona’s 21st century Supreme Court justices wish to exhume an obscure 19th century predecessor from the recesses of history, that’s their prerogative. But they should understand that even he is misaligned with their extreme politics.
Kevin Waite is an associate professor of history at Durham University and the author of “West of Slavery: The Southern Dream of a Transcontinental Empire.”
Former President Trump slammed the anti-Israel “radical left lunatics” creating chaos at colleges nationwide, highlighting that the antisemitism on campuses is promoted by the left, not conservatives.
“This is a movement from the left. These are radical left lunatics, and they’ve got to be stopped now because it’s going to go on and on. And it’s going to get worse, and worse,” Trump said Thursday morning outside of a Manhattan courtroom where he is standing trial.
“And, you know, they take over countries, and we’re not letting them take over the USA. We’re not letting the radical left morons take over this country.”
Student agitators have infiltrated college campuses nationwide in recent weeks, including radicals on Columbia University’s campus taking over the campus’ Hamilton Hall building, while schools such as UCLA, Harvard and Yale are working to clear student encampments where protesters demand their elite schools completely divest from Israel.
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Former President Trump speaks to the media as he leaves Manhattan Criminal Court on April 22, 2024, in New York City. Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Brendan McDermid-Pool/Getty Images)
The protests are associated with groups tied to far-left organizations backed by dark money and liberal mega-donor George Soros, Fox News Digital previously reported. Namely, the National Students for Justice in Palestine (NSJP) has had a large presence amid the protests on Columbia University’s campus, as well as on the campuses of UCLA, Tufts and the University of Texas at Austin.
In his remarks Thursday, Trump praised law enforcement officers in New York City and Los Angeles for working to clear encampments and Columbia’s Hamilton Hall, and make arrests amid the chaos.
An anti-Israel demonstrator holds a Palestinian flag on the rooftop of Hamilton Hall at Columbia University in New York, on Tuesday, April 30, 2024. (Yuki Iwamura/Bloomberg via Getty Images)
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“I’m so proud of the New York’s finest… I know so many of them. They’re incredible. They did a good job at Columbia and likewise in Los Angeles. They did a really good job at UCLA. It was very much embedded,” Trump continued.
“And just so you understand, this is the radical left. This is a movement from the left, not from the right. The right is not your problem. Despite what law enforcement likes to say, the FBI director said that he worries about the right.”
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NYPD officers line up outside Columbia University, Monday, April 29, 2024. (Rashid Umar Abbasi for Fox News Digital)
The NY v. Trump case focuses on Trump’s former personal attorney, Michael Cohen, paying former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels.
Former President Trump leaves Trump Tower on his way to Manhattan Criminal Court, April 15, 2024, in New York. (AP Photo/Yuki Iwamura)
Prosecutors allege that the Trump Organization reimbursed Cohen and fraudulently logged the payments as legal expenses. Prosecutors are working to prove that Trump falsified records with the intent to commit or conceal a second crime, which is a felony, in violation of a New York law called “conspiracy to promote or prevent election.”
Politics
Opinion: Kristi Noem executed her dog. That's not the main reason she'd be a lousy vice president
People think I’m a cat lady, but that’s only because dogs are high-maintenance and for years I traveled often. I’m that person dog walkers dread: the dog lover who stops them so that I, a stranger, can give their hound some love.
Naturally, I was among the millions of people sickened on learning that South Dakota Gov. Kristi Noem once executed her puppy, Cricket, in a gravel pit, apparently for being puppy-like. And save some tears for the pet goat she next dragged to the killing field and shot, simply for being rambunctious and “rancid.”
Noem’s account in a coming memoir, apparently intended to show her guts, grit and gunplay as she auditions to be Donald Trump’s running mate, instead had the rare effect of bringing Americans of all political persuasions together — in revulsion at her.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
“Kristi Noem manages to unify the left and right, the woke and Q-anon, the trans and homophobes unanimously around the proposition that she is a monster,” right-wing pundit Ann Coulter posted on X.
Trump hasn’t weighed in on Puppygate. (He did, however, provide a blurb for Noem’s book: “You’ve got to read it!” Did he?) Perhaps he’s been distracted because he’s penned up in a Manhattan criminal court. Or maybe because he’s that rare breed that doesn’t seem to like dogs; Trump is the only president in a century who hasn’t owned one. He does have dogs on his mind a lot, but always when he’s barking pejoratively about women, terrorists and political enemies (“choked like a dog,” “dumped liked a dog,” looks like “a dog,” “died like a dog”).
Yet Trump aides, hiding behind a cloak of anonymity, have been quick to confirm the conventional wisdom: Noem is almost certainly disqualified as Trump’s choice for vice president. As the pun-intended headline in the Murdochs’ New York Post put it this week, “Kristi Noem has ‘no shot’ as Trump’s VP pick after puppy-killing controversy: sources.”
And that’s what sickens me now: There is so much that should disqualify Noem from being first in line for the presidency — starting with the fact that she questions Joe Biden’s election and supported Trump’s efforts to overturn the result and resist the peaceful transfer of power — yet it took a puppy’s killing to actually disqualify her.
What a testament to our warped politics.
Every other Republican said to be on Trump’s shortlist similarly seconds his false, antidemocratic grievances about 2020. And yes, I understand that when the man at the top of the ticket is the election-denier and insurrection-inciter in chief, it follows that he’ll want as his No. 2 a candidate who echoes his utterances and snaps to his commands — like a dog, right?
Or, like Sens. Tim Scott of South Carolina, Marco Rubio of Florida and J.D. Vance of Ohio; Reps. Elise Stefanik of New York and Byron Donalds of Florida; North Dakota Gov. Doug Burgum, and Trump rival-cum-sycophant Vivek Ramaswamy, among other would-be lapdogs eager for his nod.
During the 2016 campaign, then-rival Rubio snarled about Trump: “For years to come, there are many people on the right, in the media and voters at large that are going to be having to explain and justify how they fell into this trap of supporting Donald Trump.” Now — after Trump’s impeachments, an insurrection and four indictments — it’s Rubio who’s fully entrapped. This week he was tweeting against the “Biden supporter democrat ‘judge’” in Trump’s New York hush-money trial. Just like his master.
Vance is another aspirant who has rolled over for Trump. “I’m a Never Trump guy,” he said in 2016, and he suggested to a friend that Trump might be “America’s Hitler.” But on ABC’s “This Week” in February, Vance lashed out at host George Stephanopoulos for even asking about the events surrounding Jan. 6, and then admitted he’d have refused to certify Biden’s election had he been vice president.
As Vance and the rest of the veep wannabes know, Trump demands complete loyalty. (So why doesn’t he have a dog?)
Noem was relatively early to endorse Trump for reelection, at a September rally in South Dakota. Back then she said she’d be his veep nominee “in a heartbeat,” adding, “Trump needs a strong partner if he’s going to take back the White House.”
And just how does a woman demonstrate she’s got such strength, at least to Trump and MAGA world? Noem decided one way was to write her self-promoting book, “No Going Back,” and include anecdotes like the multipage account of shooting Cricket, a 14-month-old wirehaired pointer, and a family goat.
In her telling, first disclosed by the Guardian, the puppy had an “aggressive personality” and, “out of her mind with excitement,” disrupted a pheasant hunt — and attacked a neighbor’s chickens like “a trained assassin.” Noem grabbed a gun and took Cricket to the pit: “It was not a pleasant job, but it had to be done.” Then she figured she might as well dispatch the “nasty and mean” goat, too. It required two shots.
What strength. Amid days of denunciations, the supposedly strong Noem stuck to her guns, posting online about how the episode underscored her ability to make “tough decisions” and her knack for “real, honest, and politically INcorrect stories.”
As fed up as Secret Service agents must be with Biden’s bite-happy German shepherd, Commander, it’s hard to believe any of them want to draw their guns on him like Noem did with poor Cricket.
I hope she did kill her veep prospects. I’m just sorry it’s not for the right reasons.
Politics
The White House has a new curator. Donna Hayashi Smith is the first Asian American to hold the post
The White House has a new curator and Donna Hayashi Smith is the first Asian American to hold the post.
The White House announced her appointment Wednesday, the start of Asian American, Native Hawaiian and Pacific Islander Heritage Month.
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Originally from Wahiawa, Hawaii, Hayashi Smith joined the White House curator’s office in 1995 and has now served under five presidents. She had been serving in an acting capacity since last year after the retirement of her predecessor, Lydia Tederick.
The White House is photographed from Lafayette Park on Wednesday, May 1, 2024, in Washington. The White House has a new curator and Donna Hayashi Smith is the first Asian American to hold the post. Hayashi Smith had been serving in an acting capacity since last year. She will oversee the care of thousands of artifacts in the White House collection, cataloging and preserving everything from presidential portraits to furniture to the china place settings. (AP Photo/Jon Elswick)
As curator, Hayashi Smith will oversee the care of thousands of artifacts in the White House collection, cataloguing and preserving everything from presidential portraits to furniture and more.
Hayashi Smith led the curator’s office through a process in 2022 to ensure that the White House continues to be recognized nationally as an accredited museum.
First lady Jill Biden cited Hayashi Smith’s service under five presidential administrations and said she looked forward to working with her to preserve the White House’s “living history.”
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The White House has a new curator. Donna Hayashi Smith is the first Asian American to hold the post
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