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What to know about the Arizona Supreme Court's reinstatement of an 1864 near-total abortion ban

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What to know about the Arizona Supreme Court's reinstatement of an 1864 near-total abortion ban
  • The Arizona Supreme Court has given the go-ahead to enforce a law that bans almost all abortions.
  • The long-dormant law, which predates Arizona’s statehood, allows abortions only if the mother’s life is in jeopardy.
  • Democratic Gov. Katie Hobbs has called for a repeal of the ban.

PHOENIX (AP) — The Arizona Supreme Court has delivered a landmark decision in giving the go-ahead to enforce a long-dormant law that bans nearly all abortions, drastically altering the legal landscape for terminating pregnancies in the state.

The law predating Arizona’s statehood provides no exceptions for rape or incest and allows abortions only if the mother’s life is in jeopardy. Arizona’s highest court suggested doctors can be prosecuted under the 1864 law, though the opinion written by the court’s majority didn’t explicitly say that.

ARIZONA SUPREME COURT UPHOLDS NEAR-TOTAL ABORTION BAN

The Tuesday decision threw out an earlier lower-court decision that concluded doctors couldn’t be charged for performing abortions in the first 15 weeks of pregnancy.

This file photo shows Celina Washburn at a protest on Sept. 23, 2022, outside the Arizona Capitol in Phoenix to voice her opposition to an abortion ruling. The Arizona Supreme Court ruled Tuesday, April 9, 2024, that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake.  (AP Photo/Matt York)

HOW WE GOT HERE

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The law was enacted decades before Arizona became a state on Feb. 14, 1912. A court in Tucson had blocked its enforcement shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision guaranteeing the constitutional right to an abortion.

After the U.S. Supreme Court overturned the landmark Roe decision in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, successfully requested that a state judge lift an injunction that blocked enforcement of the 1864 ban.

The state Court of Appeals suspended the law as Brnovich’s Democratic successor, Attorney General Kris Mayes, urged the state’s high court to uphold the appellate court’s decision.

WHO CAN BE PROSECUTED UNDER THE 1864 LAW?

The law orders prosecution for “a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.”

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The Arizona Supreme Court suggested in its ruling Tuesday that physicians can be prosecuted, though justices didn’t say that outright.

“In light of this Opinion, physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal” the ruling said. The justices noted additional criminal and regulatory sanctions may apply to abortions performed after 15 weeks of pregnancy.

The law carries a sentence of two to five years in prison upon conviction. Lawyers for Planned Parenthood Arizona said they believe criminal penalties will apply only to doctors.

The high court said enforcement won’t begin for at least two weeks. However, plaintiffs say it could be up to two months, based on an agreement in a related case to delay enforcement if the justices upheld the pre-statehood ban.

POLITICS OF THE PRESIDENTIAL RACE

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The ruling puts the issue of abortion access front and center in a battleground state for the 2024 presidential election and partisan control of the U.S. Senate.

Democrats immediately pounced on the ruling, blaming former President Donald Trump for the loss of abortion access because he appointed the justices who formed the majority that ended the national right to abortion.

President Joe Biden and his allies are emphasizing efforts to restore abortion rights, while Trump has avoided endorsing a national abortion ban and warned that the issue could lead to Republican losses. The decision will give Arizona the strictest abortion law of the top-tier battleground states.

Staunch Trump ally and abortion opponent Kari Lake is challenging Democratic Rep. Ruben Gallego for the U.S. Senate seat now held by Sen. Kyrsten Sinema, who isn’t seeking a second term.

WHAT’S NEXT?

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Arizona Gov. Katie Hobbs called on the state Legislature to repeal the ban.

“They could do that today,” she said Wednesday in an interview on “CBS Mornings.”

“They could gavel in today and make a motion to repeal this ban,” Hobbs said. “And they should do that. I’m hopeful that they will because this will have devastating consequences for Arizona.”

Under a near-total ban, the number of abortions in Arizona is expected to drop drastically from about 1,100 monthly, as estimated by a survey for the Society of Family Planning.

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This past summer, abortion rights advocates began a push to ask Arizona voters to create a constitutional right to abortion. If proponents collect enough signatures, Arizona would become the latest state to put the question of reproductive rights directly before voters.

The proposed constitutional amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It also would allow later abortions to save the mother’s life, or to protect her physical or mental health.

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Video: Steve Hilton Holds Slim Early Lead in California Governor’s Race

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Video: Steve Hilton Holds Slim Early Lead in California Governor’s Race

new video loaded: Steve Hilton Holds Slim Early Lead in California Governor’s Race

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Steve Hilton Holds Slim Early Lead in California Governor’s Race

Steve Hilton, a Republican and former Fox News host, held a narrow lead in early votes over two Democratic opponents in California’s nonpartisan primary for governor. The top two candidates will advance to the general election in November.

“Change is coming to California, and it’s long overdue. I want to just say something from my heart to every single person who’s voted for me. We’re not — We’re not there yet, but it’s looking good.” [cheers] “Tonight, the people of the great state of California, in the greatest nation on earth, have spoken. [cheers] Loudly and proudly. [cheers] And while I take nothing for granted, there are lots of ballots left to be counted, it appears that we are on track to advance to November.” [cheers] “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re going to give democracy a time to work, and we know we finished really strong.” [cheers]

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Steve Hilton, a Republican and former Fox News host, held a narrow lead in early votes over two Democratic opponents in California’s nonpartisan primary for governor. The top two candidates will advance to the general election in November.

By Axel Boada

June 3, 2026

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Spencer Pratt surges to runoff in LA mayor’s race after angry voters send message to Karen Bass

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Spencer Pratt surges to runoff in LA mayor’s race after angry voters send message to Karen Bass

NEWYou can now listen to Fox News articles!

Reality television personality Spencer Pratt appears on track to clear a key hurdle in Los Angeles’ mayoral race as he seeks to unseat incumbent Mayor Karen Bass in November.

Bass, who has led the city since 2022 amid a turbulent stretch rocked by her response to wildfires, advanced to a runoff after failing to secure a majority of the vote in Tuesday’s primary election. With no candidate surpassing the 50% threshold, the top two finishers will face off in a November runoff.

The anticipated runoff is a symbolic blow to Bass, who was endorsed by Gov. Gavin Newsom, D-Calif., and former Vice President Kamala Harris and has spent decades serving California in a series of elected Democratic offices.

Pratt, a first-time candidate known for the MTV reality show “The Hills,” was running in second place as of Wednesday morning.

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Los Angeles Mayor Karen Bass attends the Women for Bass Phone bank event in the Baldwin Hills area of Los Angeles on June 1, 2026. (Louise Barnsley/Splash for Fox News Digital)

REALITY TV STAR SPENCER PRATT TESTS LA VOTERS’ APPETITE FOR POLITICAL OUTSIDER

“Obviously, God wanted five more months of me exposing the failures of our mayor,” Pratt gloated to reporters as the returns came in Tuesday evening. 

Pratt has relentlessly hammered Bass on issues that have long plagued the city, including fire recovery, street homelessness and crime. The insurgent candidate holds Bass personally responsible for devastating wildfires that destroyed more than 18,000 structures in the city, including his Pacific Palisades home. 

Pratt’s surge appears to have shut out Los Angeles City Council member Nithya Raman, a former ally of Bass who challenged the incumbent from the left and was once viewed as a threat to her bid for a second term. Raman is a member of the Democratic Socialists of America and has argued for steering the city in a more progressive direction.

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Raman has not yet conceded despite running well behind Bass and Pratt as of Wednesday morning.

Pratt, a registered Republican, faces an uphill battle to defeat Bass in November if he advances to the runoff election.

Less than 20% of voters in the heavily Democratic city identify with the GOP, though Los Angeles’ mayoral contest is officially nonpartisan. 

Media personality and independent candidate Spencer Pratt, left, pictured alongside LA mayor Karen Bass, right. (Robert Gauthier/Los Angeles Times via Getty Images; Justin Sullivan/Getty Images)

KAREN BASS GRILLED OVER BROKEN HOMELESSNESS PROMISE, BLAMES BUREAUCRACY FOR SLOWED PROGRESS

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Rep. Darrell Issa, R-Calif., who represents a San Diego-anchored seat, told Fox News Digital that Pratt has won a following in the mayoral contest due to widespread voter discontent with Bass’ leadership.

“He’s catching fire among ardent historic Democrat voters because Karen Bass has been so ineffective,” Issa said in an interview. “And every time she opens her mouth, she’s talking about more of the same to people who have seen their streets, both crime-ridden and in fact … ineffectively managed.” 

Bass, conversely, argues that her leadership is leading Los Angeles in the right direction.

“Los Angeles is at a turning point. After decades of rising homelessness, under-built housing and a shrinking police force, it’s Mayor Karen Bass who finally stepped up to change how City Hall works,” Bass’s website reads.

Los Angeles City Councilmember Nithya Raman appears likely to finish in third place, keeping her out of the November runoff. (Eric Thayer/Getty Images)

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“Homelessness is down, more housing is being built, and the LAPD is hiring new officers,” it also claims.

Fox News Digital’s Leo Briceno contributed reporting.

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Early returns indicate L.A. County voters have doubts about healthcare sales tax measure

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Early returns indicate L.A. County voters have doubts about healthcare sales tax measure

Los Angeles County’s half-cent sales tax to fund healthcare services was trailing Tuesday, with early returns showing a majority of voters rejecting the measure.

The tax — a half-penny of every dollar spent in the county — is meant to prop up local hospitals and clinics that are hemorrhaging funding after recent federal cuts.

The sales tax, which needs a simple majority to pass, would take effect Oct. 1 and last five years. Officials say it would pull in $1 billion annually to help plug the budget holes hitting local hospitals and clinics.

L.A. County health officials anticipate the One Big Beautiful Bill Act, signed into law by President Trump last summer, will slash more than $2 billion from the county’s health services budget within the next three years. Due to eligibility changes, the county will no longer be able to get reimbursements for many Californians who have lost Medi-Cal.

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The measure was championed by a coalition of healthcare advocates called Restore Healthcare for Angelenos who warned that mass layoffs and emergency room closures could be imminent if new funding didn’t come fast. The Department of Public Health recently closed seven clinics — a grim sign, supporters said, of service cuts to come.

Voters haven’t rejected a sales tax hike since 2012, when a transportation measure fell just short with 66.1% support. It needed 66.7% to pass.

A majority of county supervisors had supported the new tax proposal, voting 4 to 1 this February to put it on the ballot. But the measure faced significant opposition from local cities, with opponents arguing the sales tax hike would unfairly burden the poorest county residents and encourage people to spend their dollars across the county line.

Supervisor Kathryn Barger, the board’s lone opponent of the tax, said she was concerned it was a “general” tax, meaning the money wouldn’t be earmarked for healthcare costs. Instead, she argued, politicians would have final say over how the money gets spent.

The supervisors have created a plan for spending the tax money, with the largest chunk of the money meant to cover the costs for patients without insurance. The measure also asked voters to sign off on a nine-member oversight committee.

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The county currently has a base sales tax rate of 9.75%, and cities impose local taxes on top of that.

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