Neither the AZ Supreme Court nor the Republican legislators imposed a ban on abortions. Those who have alleged otherwise either have not read the opinion, or are purposely misleading the public to advance their own position. However, the recently-issued Opinion has put pressure on Republicans and spawned some very bad behavior by some Democrats.
The most egregious example of misconduct regarding this issue came from the Democrats on the floor of the Arizona House of Representatives, whose misbehavior is clearly visible in THIS VIDEO
Can anyone imagine a more horrendous situation for Arizona than to have these thugs in charge of the legislature?
So, what did the AZ Supreme Court Opinion actually do?
To find out, we do not need to read all 47 pages of the Opinion, although those who wish to do so may do it by clicking HERE
The answer to our question may be found on page 3 of the Opinion, which reads in part:
“JUSTICE LOPEZ, Opinion of the Court:
¶1 We consider whether the Arizona Legislature repealed or otherwise restricted A.R.S. § 13-3603 by enacting the abortion statutes in Title 36,2 namely A.R.S. § 36-2322, the statute proscribing physicians from performing elective abortions after fifteen weeks’ gestation. This case involves statutory interpretation—it does not rest on the justices’ morals or public policy views regarding abortion; nor does it rest on § 13-3603’s constitutionality, which is not before us.
¶2 We conclude that § 36-2322 does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts § 13-3603, but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed by Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 292 (2022). Absent the federal constitutional abortion right, and because § 36-2322 does not independently authorize abortion, there is no provision in federal or state law prohibiting § 13-3603’s operation. Accordingly, § 13-3603 is now enforceable.”
In other words, if the state legislature were to repeal 13-3603, then 36-2322 would be the enforceable statute.
The solution is that simple. The problem arises because some members of the legislature and some anti-abortion activist organizations will not accept anything but a complete ban on abortions. This is a very ill-advised position for two reasons:
First, they have a problem with public opinion regarding abortions. As a Recent Gallup Poll shows, a complete ban on abortions is not a popular position with voters:
In other words, by a substantial majority voters oppose unrestricted abortions (51% to 34%). They oppose a complete ban by an even larger margin (51% to 13%)
If we take the position that legislation, and legislators, should represent the will of the people, then it behooves them to have a compromise position.
We already have that in the form of ARS 36-2322. All that needs to be done is repeal ARS 13-3603.
Those who wish to have a complete ban on abortion should reevaluate their position, not because their position is wrong, but because insisting on keeping the ban will be counterproductive. It is a foregone conclusion that the question of abortion will be on the ballot in November. With ARS 13-603 in force, voters will be forced to vote only for one of two extremes, either complete anarchy or a complete ban. Both the Gallop poll and common sense tell us that given that choice, people will vote for the less restrictive alternative, which in this case will be a complete disaster. On the other hand, the same logic indicates that they are likely (51%) to go for a compromise position, if one is available.
Second, there is a political component to this. Republicans are already being portrayed as radicals. It has been only two days since the Supreme Court opinion, but we are already seeing this behavior. An example is the following Tweet by Christine Marsh, a Democrat Senator from LD4:
“Republicans in the Arizona Legislature have just REFUSED to repeal the 1864 ban on abortion. Arizona Democrats are just two seats away in each chamber from flipping the legislature. Please chip in now to help stop the attacks on our freedoms”
Given the current political climate in Arizona, Republicans cannot afford to cede any ground to the Democrats.
Both activist groups and Republican legislators who, rightfully, oppose abortions should take a piece of advice commonly given to chess players. Be very careful about taking that Bishop, because it could cause you to lose your Queen and ultimately the game.
Having abortion anarchy enshrined in the Arizona constitution, having the Democrats gain control of the legislature, or both, will be a disaster of gigantic proportions.
“Republicans are already being portrayed as radicals.”
This part floors me. The GOP does everything the DNC does – over regulates, over criminalizes, individual and corporate welfare/subsidies out the wazoo, eschews federalism, ignores the plain language of the constitution/law, spends like a drunken sailor, etc. – but Republicans are ‘radicals’ actually has traction with the general public?
We are so screwed.
This is a reasonably clear analysis. I agree that voters would be inclined to be reasonable, as well.
However, he writes, “having the Democrats gain control of the legislature, or both, will be a disaster of gigantic proportions.”
Due to election fraud we already have a Governor’s office occupant who vetoes (pretty much) whatever decent bill comes to the desk.
Unless and until our (and the nation’s) elections become actual elections again, this is all just smoke and mirrors.
watch who’s dropping out- who’s the replacement being put in – this isn’t dumb luck – its strategic maneuvers – and you’d better be paying close attention – there won’t be a ‘next time’
You’re right, Jose…. we told ’em. The AZ GOP thinks everyone adheres to their Book of D&C….it’s laughable.