Arizona has joined a coalition of 22 states before the Ninth Circuit defending the Second Amendment rights of American citizens. The states are asking the court to declare California’s law limiting magazine capacities as unconstitutional.
Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Dakota, South Carolina, Texas, Utah, West Virginia, and Wyoming are filing a legal brief at the United States Court of Appeals for the Ninth Circuit in Duncan v. Rodriquez – a challenge of California’s unconstitutional ban on extremely common magazines for firearms.
In the amicus brief, the states’ attorneys general note that California Penal Code 32310 violates the Second Amendment: “This Court, therefore, should not apply a balancing approach – like strict scrutiny or intermediate scrutiny – to a ban on arms commonly used by law abiding citizens for lawful purposes. Such an approach would be inconsistent with the decisions of the Supreme Court in Heller, McDonald, and Caetano.”
“The enumerated right to bear arms reflected in the Second Amendment is fundamental and predates the Bill of Rights. The right is important to millions of Americans, including many of our most vulnerable citizens living in disadvantaged communities. The arms at issue in these proceedings are commonly used by millions of law-abiding citizens for a myriad of lawful purposes,” added the attorneys general.
After House passage, a bill to require teachers to hold back any K-4 students if they don’t meet promotional criteria was withdrawn. It was scheduled to appear before the Senate Appropriations Committee on Wednesday.
State Representative John Fillmore (R-Apache Junction) was the legislation sponsor. The bill would have required school boards to enact policies and procedures with teeth to enforce these changes.
However, the bill had major exceptions to the rule it sought to establish.
The bill would have allowed any third graders who were English language learners (ELL), experiencing a special education referral or evaluation, diagnosed with a “significant reading impairment” or disability to progress to the fourth grade without meeting criteria, or receiving intervention and remedial services. The exceptions would have also extended to any third grader who demonstrated “sufficient reading skills” or “adequate process” toward third grade reading standards.
Third grade is likely emphasized in this bill because it’s largely acknowledged as a critical progression point for children in their literacy. However, these exceptions wouldn’t have applied to third graders only.
The bill would have extended similar exceptions to first through fourth graders if they were given a special exception by the district’s governing board, an ELL, in the process of special education referral or evaluation, or diagnosed with a “significant reading impairment” or disability.
The House had passed it originally, with amendments, back in February along party lines.
Democrats opposed to the bill said that it would make students more likely to drop out and end up as criminals. They accused the bill of simply “failing” and “forced flunking” of students.
Certain studies have challenged that narrative. 2017 research from Harvard indicated that holding students back in the third grade didn’t increase their likelihood of dropping out of high school.
Republicans in support of the bill responded in kind.
“That’s the key word: what they need. What they need is education. They need to be able to prepare to go forward,” said State Representative Kevin Payne (R-Peoria). “If they’re being pushed along without the proper knowledge, that’s setting them up for failure. We’re not failing them, we’re holding them back. There’s a big difference.”
Fillmore ran a similar bill last year, one that would’ve extended to all grade levels.
Notes on the bill indicate that it was withdrawn from committee last week.Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
On Friday, Governor Doug Ducey engaged in a Twitter exchange with Phoenix Mayor Kate Gallego for what he says are policies that “make zero sense.”
The governor sent a letter to Gallego and reminded the public that all State Parks will be open with free admission this weekend.
In his letter, the governor asserted that “Arizona’s parks are open. All parks. Everywhere. Rural and urban. From Phoenix to Tucson to Flagstaff. All towns and municipalities. Enjoy and GOD BLESS! #HappyEaster 3/3”
Phoenix City Councilman Sal DiCiccio thanked the governor for his letter:
Phoenix had set temporary restrictions in its parks, including closing parking lots and prohibiting grilling. The mayor made note that the decision was unanimous, however, DiCiccio’s Chief of Staff Sam Stone offered another view of the decision:
9-0 because Arizona’s Panic Pusher in Chief tied any reopening of Parks amenities and sports fields to also closing them on Easter
Laughable watching Gallego try to evade blame for something she was proudly taking credit for a few days ago https://t.co/HBgiLsNQG7
Somehow, they didn’t see it coming. Last week, Gilbert Public Schools, one of the largest school districts in Arizona, notified 152 certified staff members that they would be without jobs for the 2021-2022 school year. And the announcement sent shockwaves throughout Arizona’s public school districts.
But why?
Parents certainly tried to warn them. They pleaded with their school districts to find safe ways to offer in-person learning. And they threatened to leave for charter schools, private schools, or homeschool if they didn’t.
On Thursday, the Arizona State Senate approved HB 2770, dubbed the mask “Freedom Bill,” sponsored by Rep. Joseph Chaplik. The bill asserts a business is not required to enforce a state, city, town, county or other jurisdiction’s mask mandate on the businesses’ premises.
BREAKING NEWS! HB 2770, the mask freedom bill just passed the Senate. Not one Democrat voted for it. They hate freedom. Now it goes to Ducey. Thanks Rep @JosephChaplik. pic.twitter.com/cPVxpR0EXc
“The need for this bill now is more evident than ever,” said Chaplik. “Recent developments show that without a protection in law, businesses and their customers are subject to the decisions of local rogue politicians who want to control you indefinitely. This bill did not receive any Democrat votes throughout the entire process. I would hope the Governor signs this bill as it does exactly what his temporary executive orders do, but now permanently.”
The bill will now be transmitted to Governor Ducey.
On June 17, 2020, the governor issued Executive Order 2020-40 authorizing a county, city or town, based on conditions in the jurisdiction, to adopt policies regarding the wearing of face coverings in public for the purpose of mitigating the spread of COVID-19.
We appreciate what the governor did today in making mask enforcement optional for businesses.
That is exactly what my bill, #HB2770 was written to do, but long term.
The local mandates were a divisive policy without any data to back them up.
