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Opinion: Is Arizona's abortion ban a return to the 19th century? No, it's actually worse

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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.

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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.

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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.

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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.”

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

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Protests Against ICE in Minneapolis Continue Into Friday Night

Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

The vast majority of people have done this right. We are so deeply appreciative of them. But we have seen a few incidents last night. Those incidents are being reviewed, but we wanted to again give the overarching theme of what we’re seeing, which is peaceful protest. And we wanted to say when that doesn’t happen, of course, there are consequences. We are a safe city. We will not counter Donald Trump’s chaos with our own brand of chaos here. We in Minneapolis are going to do this right.

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Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

By McKinnon de Kuyper

January 10, 2026

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

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President Donald Trump said Saturday that Venezuela has begun releasing political prisoners “in a BIG WAY,” crediting U.S. intervention for the move following last week’s American military operation in the country.

“Venezuela has started the process, in a BIG WAY, of releasing their political prisoners,” Trump wrote on Truth Social. “Thank you! I hope those prisoners will remember how lucky they got that the USA came along and did what had to be done.”

He added a warning directed at those being released: “I HOPE THEY NEVER FORGET! If they do, it will not be good for them.”

The president’s comments come one week after the United States launched Operation Absolute Resolve, a strike on Venezuela and capture of dictator Nicolás Maduro as well as his wife Cilia Flores, transporting them to the United States to face federal drug trafficking charges.

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US WARNS AMERICANS TO LEAVE VENEZUELA IMMEDIATELY AS ARMED MILITIAS SET UP ROADBLOCKS

Government supporters in Venezuela rally in Caracas.  (AP Photo)

Following the military operation, Trump said the U.S. intends to temporarily oversee Venezuela’s transition of power, asserting American involvement “until such time as a safe, proper and judicious transition” can take place and warning that U.S. forces stand ready to escalate if necessary.

At least 18 political prisoners were reported freed as of Saturday and there is no comprehensive public list of all expected releases, Reuters reported.

Maduro and Flores were transported to New York after their capture to face charges in U.S. federal court. The Pentagon has said that Operation Absolute Resolve involved more than 150 aircraft and months of planning.

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TRUMP ADMIN SAYS MADURO CAPTURE REINFORCES ALIEN ENEMIES ACT REMOVALS

A demonstrator holding a Venezuelan flag sprays graffiti during a march in Mexico City on Santurday. (Alfredo Estrella / AFP via Getty Images)

Trump has said the U.S. intends to remain actively involved in Venezuela’s security, political transition and reconstruction of its oil infrastructure.

The White House did not immediately respond to Fox News Digital’s request for comment.

President Donald Trump said Saturday that Venezuela has begun releasing political prisoners. (Mark Schiefelbein/AP Photo)

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Fox News Digital’s Morgan Phillips and Greg Norman-Diamond contributed to this reporting.

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

Secretary of Defense Pete Hegseth, who is taking a tour of U.S. defense contractors, on Friday visited a Long Beach rocket maker, where he told workers they are key to President Trump’s vision of military supremacy.

Hegseth stopped by a manufacturing plant operated by Rocket Lab, an emerging company that builds satellites and provides small-satellite launch services for commercial and government customers.

Last month, the company was awarded an $805-million military contract, its largest to date, to build satellites for a network being developed for communications and detection of new threats, such as hypersonic missles.

“This company, you right here, are front and center, as part of ensuring that we build an arsenal of freedom that America needs,” Hegseth told several hundred cheering workers. “The future of the battlefield starts right here with dominance of space.”

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Founded in 2006 in New Zealand, the company makes a small rocket called Electron — which lay on its side near Hegseth — and is developing a larger one called Neutron. It moved to the U.S. a decade ago and opened its Long Beach headquaters in 2020.

Rocket Lab is among a new wave of companies that have revitalized Southern California’s aerospace and defense industry, which shed hundreds of thousands of jobs in the 1990s after the end of the Cold War. Large defense contractors such as Northrop Grumman and Lockheed Martin moved their headquarters to the East Coast.

Many of the new companies were founded by former employees of SpaceX, which was started by Elon Musk in 2002 and was based in the South Bay before moving to Texas in 2024. However, it retains major operations in Hawthorne.

Hegseth kicked off his tour Monday with a visit to a Newport News, Va., shipyard. The tour is described as “a call to action to revitalize America’s manufacturing might and re-energize the nation’s workforce.”

Long Beach Mayor Rex Richardson, a Democrat who said he was not told of the event, said Hegseth’s visit shows how the city has flourished despite such setbacks as the closure of Boeing’s C-17 Globemaster III transport plant.

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“Rocket Lab has really been a superstar in terms of our fast, growing and emerging space economy in Long Beach,” Richardson said. “This emergence of space is really the next stage of almost a century of innovation that’s really taking place here.”

Prior stops in the region included visits to Divergent, an advanced manufacturing company in aerospace and other industries, and Castelion, a hypersonic missile startup founded by former SpaceX employees. Both are based in Torrance.

The tour follows an overhaul of the Department of Defense’s procurement policy Hegseth announced in November. The policy seeks to speed up weapons development and acquisition by first finding capabilities in the commercial market before the government attempts to develop new systems.

Trump also issued an executive order Wednesday that aims to limit shareholder profits of defense contractors that do not meet production and budget goals by restricting stock buybacks and dividends.

Hegseth told the workers that the administration is trying to prod old-line defense contractors to be more innovative and spend more on development — touting Rocket Lab as the kind of company that will succeed, adding it had one of the “coolest factory floors” he had ever seen.

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“I just want the best, and I want to ensure that the competition that exists is fair,” he said.

Hegseth’s visit comes as Trump has flexed the nation’s military muscles with the Jan. 3 abduction of Venezuelan President Nicolás Maduro, who is now facing drug trafficking charges to which he has pleaded not guilty.

Hegseth in his speech cited Maduro’s capture as an example of the country’s newfound “deterrence in action.” Though Trump’s allies supported the action, legal experts and other critics have argued that the operation violated international and U.S. law.

Trump this week said he wants to radically boost U.S. military spending to $1.5 trillion in 2027 from $900 billion this year so he can build the “Dream Military.”

Hegseth told the workers it would be a “historic investment” that would ensure the U.S. is never challenged militarily.

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Trump also posted on social media this week that executive salaries of defense companies should be capped at $5 million unless they speed up development and production of advanced weapons — in a dig at existing prime contractors.

However, the text of his Wednesday order caps salaries at current levels and ties future executive incentive compensation to delivery and production metrics.

Anduril Industries in Costa Mesa is one of the leading new defense companies in Southern California. The privately held maker of autonomous weapons systems closed a $2.5-billion funding round last year.

Founder Palmer Luckey told Bloomberg News he supported Trump’s moves to limit executive compensation in the defense sector, saying, “I pay myself $100,000 a year.” However, Luckey has a stake in Anduril, last valued by investors at $30.5 billion.

Peter Beck, the founder and chief executive of Rocket Lab, took a base salary of $575,000 in 2024 but with bonus and stock awards his total compensation reached $20.1 million, according to a securities filing. He also has a stake in the company, which has a market capitalization of about $45 billion.

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Beck introduced Hegseth saying he was seeking to “reinvigorate the national industrial base and create a leaner, more effective Department of War, one that goes faster and leans on commercial companies just like ours.”

Rocket Lab boasts that its Electron rocket, which first launched in 2017, is the world’s leading small rocket and the second most frequently launched U.S. rocket behind SpaceX.

It has carried payloads for NASA, the U.S. Space Force and the National Reconnaissance Office, aside from commercial customers.

The company employs 2,500 people across facilities in New Zealand, Canada and the U.S., including in Virginia, Colorado and Mississippi.

Rocket Lab shares closed at $84.84 on Friday, up 2%.

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