In recent years, we’ve seen the formerly red state of Arizona lurch to the left. At best, it is now “purple” with two liberal senators and a governor who can only be described as “radical.”
Despite this, there are plenty of conservative residents fighting to uphold traditional Americans values.
It seems four of those Arizona residents sit on the state’s Supreme Court. A case was brought before the state’s highest court, forcing it to consider a 160-year-old law. This law shut down one of the left’s most-treasured policies. Now, in a 4-2 ruling, the court just sent Democrats screaming.
In a 4-2 decision on Tuesday, the Arizona Supreme Court upheld a 160-year-old abortion ban. The law states that anyone aiding an abortion can get 2-5 years in prison…
“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,” the justice added. [Source: The Post Millennial]
Arizona had passed a law allowing abortion up to 15 weeks. This law was passed just months before the U.S. Supreme Court overturned Roe v. Wade. This has led to the Arizona Supreme Court to consider if this new law was still permissible or if the older law banning abortion should stand.
The court decided that the 15-week ban was passed based on “the existence of a federal constitutional right to an abortion.” But since the Dobbs decision, there is no federal constitutional right to abortion. Because of this, the Arizona Supreme Court revoked that law.
Since the Dobbs decision requires states to decide abortion policy themselves, the court decided that the 1864 abortion ban is legal. This law prohibits all forms of abortion and criminalizes those who aid in an abortion.
The court put a two-week stay on enforcement of the law. No doubt, the Democrat governor of the stay is rushing to find a way to pass a new law.
The abortion issue has been exploited by Democrats as an election issue. They are promising to protect abortion in swing and blue states, to gain an upper hand among pro-choice voters.
Hardliner pro-life Republicans are finding themselves in a tough spot. In many states, Republicans who oppose any form of abortion are at risk of losing their seats. Most pro-life conservatives want a total ban on abortion, but many moderate Americans want allowances.
Author: Bo Dogan
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