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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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Trump slams 'radical left lunatics' creating chaos on college campuses nationwide

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Trump slams 'radical left lunatics' creating chaos on college campuses nationwide

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. 

LIVE UPDATES: NY V. TRUMP TRIAL TO RESUME WITH GAG ORDER PROCEEDINGS AFTER JUDGE FINES TRUMP $9K

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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. 

man holds Palestinian flag atop Columbia's Hamilton Hall

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)

NY V TRUMP TO RESUME WITH GAG ORDER HEARING AFTER TRUMP FINED $9K, THREATENED WITH JAIL TIME 

“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.  

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“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.”

JUDGE FINES TRUMP THOUSANDS OVER VIOLATING GAG ORDER, WARNS ‘INCARCERATORY PUNISHMENT’ COULD BE NEXT

NYPD officers lined up against building at Columbia campus

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.

Donald Trump in red tie, white shirt, navy coat waving

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.”

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Opinion: Kristi Noem executed her dog. That's not the main reason she'd be a lousy vice president

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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

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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”).

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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.

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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.

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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.

@jackiekcalmes

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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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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)

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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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