Politics
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
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.”
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
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?
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.
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.
Politics
Warren tells Trump to ‘sign the damn bill’ as bipartisan housing package remains stalled in Washington
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Sen. Elizabeth Warren, D-Mass., lashed out at President Donald Trump during a recent local television interview, labeling him a “man-child” throwing a “tantrum” over his refusal to sign a sweeping bipartisan housing package.
Appearing on WCVB’s “On the Record,” the left-wing senator did not hold back her frustration over the stalled legislation, delivering a blunt message to the president: “Sign the damn bill.”
“If he cared about the American people, he’d have already signed the damn thing,” Warren said during the interview, arguing that Trump “does not care about the economic survival of America’s working families.”
FILE – The Senate previously advanced the massive housing package geared toward lowering the costs of homes and supercharging the housing supply. Sen. Elizabeth Warren, D-Mass., pitched it as legislation to prevent America from becoming a “nation of renters.” (Jemal Countess/Getty Images for Protect Borrowers ; Anna Moneymaker/Getty Images)
TRUMP-BACKED HOUSING BILL CLEARS HOUSE AFTER GOP DEFIES SENATE PRESSURE CAMPAIGN
The 21st Century ROAD to Housing Act is an expansive bipartisan package that she said contains nearly 50 provisions designed to address the nationwide housing emergency.
Warren noted that decades of under-building have driven prices up, leaving the U.S. in need of millions of new units.
The primary focus of the bill is to lower the costs of construction and make it easier to build new homes.
FILE – President Donald Trump previously said lawmakers must first approve the SAVE America Act before he moves forward with the housing package. (Yuri Gripas/Abaca/Bloomberg)
BIPARTISAN HOUSING PUSH ADVANCES, BUT TRUMP-BACKED INVESTOR BAN FACES RESISTANCE
The bill, which was co-sponsored by Sen. Tim Scott, R-S.C., also includes a secondary focus aimed at blocking corporate consolidation of the housing market.
Warren explained that the legislation is designed to keep private equity firms from buying up local neighborhoods and turning America “into a nation of renters.”
According to Warren, the legislation had widespread support from both sides of the aisle before it was stalled.
TRUMP VOWS BLOCK ON SIGNING NEW LAWS UNTIL SAVE AMERICA ACT PASSES SENATE
She claimed the bill was “handed to the president on a silver platter” and that lawmakers from both parties were eagerly taking credit for the legislation.
“Republicans were all going online, saying, ‘well, I helped write that bill. This bill is terrific,’” Warren said. “So everybody’s out there saying, ‘my bill, I helped make this happen,’ right up until the man-child has a tantrum and announces he will not be signing it.”
FILE – Sen. Elizabeth Warren called President Donald Trump a “man-child” during the interview, describing his refusal to sign the bill as a “tantrum.” (Chip Somodevilla/Getty Images)
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Critics of the legislation claim it does not allocate fresh federal funding, directly address rising costs of homeownership, or go far enough to address permitting issues.
The president previously canceled a scheduled signing event, insisting lawmakers must first approve the unrelated SAVE America Act, a voting-focused measure, before he moves forward.
The White House did not immediately respond to Fox News Digital’s request for comment.
Fox News Digital’s Alex Miller contributed to this report.
Politics
MS NOW anchor Alex Witt to exit as network reduces live weekend programming
Veteran MS NOW anchor Alex Witt is leaving the news network, which is moving away from live evening programming on weekends.
The new weekend programming strategy announced Friday is a cost-saving measure that will give parent company Versant more resources for a new direct-to-consumer streaming offering that makes MS NOW available to consumers without a pay-TV subscription. The company is also looking to expand its live event business.
According to a memo from MS NOW President Rebecca Kutler, “The Weekend: Primetime,” a live discussion program launched last year, will have its final airing Saturday.
One of the program’s co-hosts, Antonia Hylton, will take over Witt’s midday shifts later this year. Hylton’s co-hosts Ayman Mohyeldin, Catherine Rampell and Elise Jordan will remain with MS NOW and continue to appear on other programs.
Kutler said job losses from the moves are minimal and encouraged staffers who lose their current roles to apply for 40 current job openings at the company with more on the way. MS NOW has been staffing up its news operation since separating from NBC News last year.
MS NOW changed its name from MSNBC in November. The network, along with other Comcast-owned cable channels, were spun off into Versant in January.
Weekends have long been a ratings weak spot for MS NOW, which while a distant second to Fox News, has seen audience growth in 2026 and remains ahead of CNN. The network has started to rely on podcasts such as “Pod Save America,” from Crooked Media, to fill some hours. The episodes have performed strongly enough for MS NOW to try similar deals with outside podcast producers.
“Throughout the summer, we will expand our taped strategy and announce new content partnerships,” Kutler said in her memo.
With the changes, MS NOW will still have 20 hours of live programming each weekend and will be staffed to handle breaking news.
Witt joined the network formerly known as MSNBC in 1999, long before it began its strong tilt toward progressive political commentary. Over the years, Witt’s weekend newscast became one of the few programs on the network that delivered straight news without opinion.
Kutler called Witt “a beloved longtime member of our MS NOW family” and “a continued, trusted, and steady presence for our audiences.”
While Witt works through the summer, Hylton will anchor the 11 a.m. weekday time period, which will eventually be handled by former NBC News White House correspondent Peter Alexander.
Politics
McCarthy says Trump will use ‘everything he can’ to force Senate action on SAVE America Act
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As infighting over the SAVE America Act throws congressional Republicans into disarray, President Donald Trump’s bid to get the stalled election bill across the finish line gained one notable ally.
Former House Speaker Kevin McCarthy, R-Calif., told Fox News Digital that he supports the election integrity measure and indicated that Trump should continue to use every available tool to pressure the Senate to pass it.
“He’s going to try everything he can to make sure he passes that through,” McCarthy said in a brief interview outside the U.S. Capitol.
The ex-speaker’s comments came after Trump abruptly called off a signing ceremony Wednesday for a bipartisan housing bill to pressure the Republican-controlled Senate to act on the SAVE America Act.
President Donald Trump boards Air Force One as he departs Reading Regional Airport in Reading, Pa., on June 23, 2026. (Evelyn Hockstein/Reuters)
IRATE REPUBLICANS ACCUSE TRUMP OF HANDING DEMOCRATS A WIN AFTER BLOWING UP HOUSING PACKAGE
The move surprised Republican lawmakers, some of whom were praising the bill’s passage at a press conference when Trump’s Truth Social post broke.
But Trump has repeatedly cast the election measure — requiring proof of citizenship to vote in federal elections and voter identification requirements — as his top legislative priority.
The legislation’s momentum, however, has slowed in the upper chamber, where Republican leadership insists the votes aren’t there amid widespread Democratic opposition. Senate Republicans have also been unwilling to eliminate the legislative filibuster, which requires a 60-vote threshold to pass the legislation.
Former Speaker of the House Kevin McCarthy speaks during a ceremony honoring President Ronald Reagan on the 115th anniversary of his birthday at the Ronald Reagan Presidential Library in Simi Valley, Calif., on Feb. 6, 2026. (Hans Gutknecht/MediaNews Group)
TRUMP CALLS MAIL IN VOTING CORRUPT AS SENATE BEGINS DEBATE ON SAVE ACT REQUIRING VOTER ID
Amid the SAVE standoff, a group of conservative lawmakers effectively shut down the House floor in an effort to force Senate action on the election bill.
But the Senate recessed Wednesday for two weeks over the July 4 holiday, leaving the measure in limbo until lawmakers return.
The conservative-led blockade sparked fierce backlash, with several members inside the GOP conference telling Fox News Digital the move risked torpedoing their own legislative agenda.
Meanwhile, the House has also yet to pass a version of the legislation incorporating several of the president’s priorities, including a mail-in voting crackdown and provisions banning men from competing in women’s sports and child sex change procedures.
Trump has not indicated whether he will sign the 21st Century ROAD to Housing Act, despite the likely existence of a veto-proof majority.
House Speaker Mike Johnson, R-La., told reporters Thursday that the housing bill had been transmitted to the White House for Trump’s signature following a meeting with the president.
Speaker of the House Mike Johnson, R-La., talks with reporters in the U.S. Capitol on June 10, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
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Trump now has 10 days to sign the package or veto it. If he does nothing, the legislation automatically becomes law at the end of the 10-day period.
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