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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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US military announces another deadly strike against ‘narco-terrorists’

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US military announces another deadly strike against ‘narco-terrorists’

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The U.S. military announced another deadly strike against a vessel that it alleges was involved in “narco-trafficking” efforts.

“On April 19, at the direction of #SOUTHCOM commander Gen. Francis L. Donovan, Joint Task Force Southern Spear conducted a lethal kinetic strike on a vessel operated by Designated Terrorist Organizations,” U.S. Southern Command indicated in a post on X.

“Intelligence confirmed the vessel was transiting along known narco-trafficking routes in the Caribbean and was engaged in narco-trafficking operations,” the post continued.

US MILITARY KILLS 2 SUSPECTED CARTEL OPERATIVES IN LATEST EASTERN PACIFIC LETHAL STRIKE, SOUTHCOM SAYS

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The U.S. military announced that it killed three “narco-terrorists” in a strike in the Caribbean on Sunday, April 19, 2026. (@Soutcom via X)

SOUTHCOM indicated that the attack killed three men.

“Three male narco-terrorists were killed during this action. No U.S. military forces were harmed,” the post noted.

President Donald Trump’s administration has carried out dozens of deadly strikes against vessels of alleged “narco-terrorists.”

US MILITARY CONDUCTS MORE DEADLY STRIKES AGAINST VESSELS OF ALLEGED ‘NARCO-TERRORISTS’

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Marine Corps Lt. Gen. Francis L. Donovan, nominee for commander of U.S. Southern Command, testifies during his Senate confirmatino hearing on Capitol Hill in Washington, D.C., on Jan. 15, 2026. (Brendan Smialowski/AFP via Getty Images)

In a completely different part of the world, amid ongoing tensions between America and Iran, the U.S. attacked an Iranian-flagged cargo ship on April 19.

“Guided-missile destroyer USS Spruance (DDG 111) intercepted M/V Touska as it transited the north Arabian Sea at 17 knots enroute to Bandar Abbas, Iran. American forces issued multiple warnings and informed the Iranian-flagged vessel it was in violation of the U.S. blockade,” U.S. Central Command noted.

US SEIZES IRANIAN SHIP AFTER OPENING FIRE; PAKISTAN TALKS IN DOUBT

President Donald Trump on the South Lawn of the White House before boarding Marine One in Washington, D.C., on Thursday, April 16, 2026. (Graeme Sloan/Sipa/Bloomberg via Getty Images)

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“After Touska’s crew failed to comply with repeated warnings over a six-hour period, Spruance directed the vessel to evacuate its engine room. Spruance disabled Touska’s propulsion by firing several rounds from the destroyer’s 5-inch MK 45 Gun into Touska’s engine room. U.S. Marines from the 31st Marine Expeditionary Unit later boarded the non-compliant vessel, which remains in U.S. custody,” CENTCOM noted.

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Uproar over mama bear killing could help launch a state wildlife coexistence program

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Uproar over mama bear killing could help launch a state wildlife coexistence program

A month after a public uproar over a mama bear being euthanized after swiping at a resident in Monrovia, state lawmakers are considering mandating the use of nonlethal ways to help allow wildlife and humans to coexist.

Sen. Catherine Blakespear (D-Encinitas) said she believes the bear’s death, and the state’s decision to kill four wolves last year that were preying on cattle, raised public concern.

“That made everybody realize we have to do better here,” she told The Times on Thursday. “We need to recognize the importance of seeing ourselves, humans, as part of a larger ecosystem that includes animals and plants and our world and trying to protect it.”

Senate Bill 1135, introduced by Blakespear, would direct the California Department of Fish and Wildlife to create the Wildlife Coexistence Program, which would provide public education, offer technical assistance and maintain a statewide incident reporting system. It would help communities deploy nonlethal devices to deter predators, like barriers or noise and light machines.

At a legislative hearing on Tuesday, Blakespear told the Senate Committee on Natural Resources and Water that a three-year state initiative offering similar services was seeing positive results — until it was discontinued two years ago after funding ran dry. She said it was time to implement a permanent program.

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“Human population growth, habitat loss and the growth of industry across California inevitably leads to interaction between humans and wildlife,” Blakespear told legislators. “No two animal species are the same and each has unique behavior patterns and territories. SB 1135 recognizes these differences and gives communities the tools to prevent conflict and respond when it occurs.”

The bill would also rename a state program that reimburses ranchers who lose livestock to wolves, calling it the Wolf-Livestock Coexistence and Compensation Program. It would require ranchers seeking compensation to show they were using nonlethal deterrents approved by the department.

Sen. Shannon Grove (R-Bakersfield) stressed that life in rural areas is different than living in a city. She said some families and cattle ranchers have a genuine fear of predators.

“When these baby calves drop on the ground and then two wolves start ripping them apart, it’s not the prettiest thing you’ve ever witnessed,” said Grove, who abstained from voting on the measure. “These wolves are not puppies.”

More than 30 organizations are supporting the legislation, including the National Wildlife Federation, Defenders of Wildlife, California State Assn. of Counties, Animal Legal Defense Fund and Citizens for Los Angeles Wildlife.

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The California Farm Bureau and the California Cattlemen’s Assn. are in opposition due to concerns over funding.

Last month, Blakespear sent a letter to the chair of the Senate Committee on Budget and Fiscal Review requesting $48.8 million to implement the legislation, with $25 million earmarked for addressing wolf encounters. Half of the money for wolf conflicts would go toward deterrents; the remainder would compensate ranchers for their losses.

Kirk Wilbur, vice president of government affairs cattlemen’s association, said the organization is concerned about that division of funding — especially if funding is reduced.

Wilbur told legislators Tuesday that the organization supports some aspects of the bill and was having productive conversations with Blakespear to address their concerns.

The bill ultimately passed the committee with a 5-to-1 vote and now heads to the Senate Committee on Appropriations.

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Human wildlife conflicts have made headlines in California recently, with a bear refusing to leave a basement for weeks in Altadena and a mama bear dubbed Blondie crossing paths last month with a woman walking her dog in Monrovia.

Blondie swiped the woman’s leg, and was subsequently euthanized by the California Department of Fish and Wildlife. Her two cubs were sent to the San Diego Humane Society’s Ramona Wildlife Center. The bear’s death upset many in the community, as thousands had signed a petition calling for other solutions, like relocation.

Deadly wildlife attacks on humans, however, are rare in California.

There have been six reported human fatalities from mountain lions since 1890, according to the state Fish and Wildlife Department. The agency recorded one human fatality from a coyote in 1981 and another fatality from a black bear in 2023. The department has no recorded human fatalities from gray wolves.

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.

Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES

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Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.

He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.

The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.

BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS

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Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.

As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.

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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)

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Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.

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