On Monday, a federal judge determined that a 2021 law recognizing the personhood of unborn children was unconstitutionally vague and in conflict with other state laws.
The law, referred to as the “Interpretation Policy,” declares that all state laws should be interpreted and construed to acknowledge that unborn children have the same rights, privileges, and immunities as all other Arizonans. The statute includes specific cause of action exemptions for individuals who perform in vitro fertilization procedures and women who indirectly harm their unborn children due to improper or insufficient self-care.
The law also defines “unborn child” as the “offspring of human beings from conception until birth.” Conception is synonymous with fertilization, although the federal judge in the case, Arizona District Court Judge Douglas Rayes, an Obama appointee, contended that certain medical journals recognized conception as the moment a fertilized egg implants in the uterus.
Rayes opined that Arizona’s Interpretation Policy was unclear in what it meant to “acknowledge” the equal rights of the unborn, pointing to the lack of definition anywhere in Arizona statutes and comparing the variety of definitions offered by Merriam-Webster and Black’s Law Dictionary. He agreed with the plaintiffs that authorities might employ a maximalist view of acknowledging the equal rights of the unborn.
On the subject of definitions, Rayes further contended that neither the Interpretation Policy or any other Arizona law amended the definition of “person” to include unborn children. Rayes added that the legal team of the lead defendant, Attorney General Mark Brnovich, couldn’t explain why that was in court proceedings.
“The Interpretation Policy either does absolutely nothing, or it does something. What that something might be is a mystery or, as Defendants put it, ‘anyone’s guess,’” wrote Rayes. “A law which requires such extraordinary effort to decipher fails to give ordinary people fair notice of the conduct it permits and proscribes.”
Brnovich hasn’t issued a statement on Rayes’ ruling. His latest press release announced a lawsuit excoriating the U.S. Department of Energy’s (DOE) latest dishwasher and laundry machine regulations. On the day Rayes issued his ruling, Brnovich only tweeted a statement about an ongoing lawsuit to prohibit charitable donations from being an alternative to class payouts.
Further on in his ruling, Rayes argued that the Interpretation Policy’s personhood requirement conflicted with other current laws regulating abortion: abortion providers’ licensing and credentialing requirements in A.R.S. §§ 36-2155, 36-2153(E), 32-3531(B), 36-449.03(C)(3)(a)–(b); abortion clinic licensing requirements in A.R.S. §§ 36-449.02; 36.449.03; abortion informed consent requirements in A.R.S. §§ 36-2153, 36-2156; abortion statistical and demographic data reporting requirements in A.R.S. §§ 36-449.03(I), 36-2161–62; second trimester abortion method restriction in A.R.S. § 13-3603.01; ban on abortion for reasons of race or sex in A.R.S. § 13-3603.02(A)(1); consent requirements for minors in A.R.S. § 36-2152; and restrictions on telemedicine for abortion care in A.R.S. § 36-3604.
Additionally, Rayes expressed concern that other parts of Arizona’s criminal code could leave abortion providers vulnerable to prosecution since they didn’t have exemptions for lawful abortions, such as statutes on assault, child endangerment, and child abuse.
“Abortion providers do not have fair notice of whether, if they conform their conduct to these laws, they nonetheless may face criminal, civil, or professional liability under other statutes based solely on what licensing, law enforcement, or judicial officials think it means to ‘acknowledge’ the rights of the unborn,” wrote Rayes.
In his concluding remarks, Rayes clarified that his ruling didn’t focus on abortion but rather the law’s justice.
“[This motion] is about giving people fair notice of what the law means so that they know in advance how to comply,” wrote Rayes. “The Interpretation Policy is so vague that it ‘makes it impossible for plaintiffs to do their work with fair notice of conduct that is forbidden or required, in violation of their procedural due process rights.”
The American Civil Liberties Union (ACLU) and Center for Reproductive Rights (CRR) filed the initial complaint on behalf of doctors Paul Isaacson and Eric Reuss, the National Council of Jewish Women Arizona (NCJW AZ), the Arizona National Organization for Women (AZ NOW), and the Arizona Medical Association (ArMA).
Isaacson is a Phoenix-based abortionist with Family Planning Associates (FPA) Medical Group, and previously a University of Arizona College of Medicine professor. After SCOTUS denied the existence of a constitutional right to abortion last month, Isaacson began crowdfunding $100,000. FPA Medical Group closed due to the current legal limbo concerning abortion in the state.
In an update last Saturday, Isaacson shared that the funds raised — at the time, just under $6,000 — enabled FPA Medical Group to keep its staff employed another week.
“We continued to dismantle the clinic today — very emotional moment taking my diplomas off the wall,” wrote Isaacson.
Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. pic.twitter.com/jvjKXaXKwd
Reuss is a Scottsdale-based OBGYN who served previously on the board of Planned Parenthood of Arizona (PPAZ). Phoenix Magazine named Reuss a “Top Doc” seven times from 2010 to 2018.
Both Isaacson and Reuss have engaged in pro-abortion legal battles alongside ACLU and CRR before. Most recently, the parties came together to defeat Arizona’s requirement that abortion providers inform their patients about reversal procedures prior to taking an abortion pill.
Reuss wrote an opinion piece for the Arizona Republic in 2015 claiming that abortion pill reversal wasn’t evidence-based, calling the requirement “legislative overreach” and “hearsay.”
“There is absolutely no evidence-based data that the process can be reversed,” wrote Reuss.
Certain studies and current treatments for reducing risks of recurring miscarriage and premature births conflict with Reuss’ claim. A study specific to abortion pill reversal found that 64 to 68 percent of pregnancies were saved within 72 hours of taking the first abortion pill.
The Interpretation Policy was one part of a larger bill introduced by State Senator Nancy Barto (R-Phoenix), SB1457. The bill also made it a class 6 felony to abort children due to a genetic abnormality, except in a medical emergency. This provision added to current protections prohibiting the abortion of a child based on its sex or race. Last September, the court issued a preliminary injunction for that restriction. At the end of last month, the Supreme Court (SCOTUS) vacated that injunction.
BREAKING: The U.S. Supreme Court just vacated the injunction in Brnovich v. Isaacson. Arizona’s ban on discriminatory abortions is now in effect. pic.twitter.com/vAZD9iB1WS
Additionally, the bill prohibited public education institution facilities from performing or providing abortions except in a medical emergency. Instead, the bill required that abortion clinics either cremate or inter fetal remains, with the decision of the child’s final resting place given to the mother.
The bill also required that only qualified physicians provide abortion-inducing drugs and prohibited anyone from delivering or mailing those drugs.
Finally, the bill prohibited public or tax money from allocation to research projects using aborted fetal remains.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
During a special session on Tuesday, the Pinal County Board of Supervisors approved a plan to fix incorrect early ballots mailed to about 63,000 voters last week. The ballots were missing city and town contests from seven municipalities: Casa Grande, Eloy, Mammoth, Maricopa, and Superior, along with the Pinal County portions of Apache Junction and Queen Creek.
Pinal County agreed with the secretary of state’s office to send supplemental ballots, or “Municipal Only” ballots, to all voters in the seven municipalities. However, those voters must also use their original ballot for all federal, state, and legislative contests — the supplemental ballots will only account for the races absent from the original, erroneous ballots.
The county will also have in-person voting at Election Day polling sites for municipal contests in the seven impacted cities and towns. As for voters with ballots including races outside their jurisdiction, the county assured reporters that the election tabulation system would invalidate and not count them.
— Pinal County – Government 🌵 (@PinalCounty) July 13, 2022
As the Arizona Daily Independent noted, Elections Director David Frisk acknowledged that the county officials bore full responsibility, namely himself.
“Due to human errors made by myself and staff under my direct supervision, ballots were produced and mailed to voters within seven municipalities without the appropriate local races and measures,” said Frisk. “I missed the crucial step of ensuring that each ballot style produced had appropriate races on it […] It was my mistake.”
The plan comes after AZ Free News reported about one Pinal County resident — attorney general candidate Tiffany Shedd — who petitioned her election officials repeatedly about address errors on her and her family’s voter ID cards. Several weeks before the county mailed the 63,000 erroneous ballots, a deputy county attorney informed Shedd — after alleged hostility from the recorder’s office — that she could no longer contact election officials about her issue.
“Our driver’s licenses don’t match our voter ID cards and it was unacceptable to me that any elections official thought it was okay that we might be forced to cast a provisional ballot,” remarked Shedd at the time. “It is a huge problem to receive a ballot for an election that we are not qualified to vote in, and to be denied the opportunity to vote in your own city’s elections. Is it any wonder people are questioning whether our elections are free and fair?”
Shedd also reported that her son received a ballot including a city council race, despite living outside city limits. This was one issue that affected thousands of other Pinal County voters.
For weeks I have been raising the alarm about the wrong address on voter registrations and it’s effect on the primary. After being ignored we now have a huge mess! #Elections2022pic.twitter.com/SRo5ANzokp
The COVID-19 pandemic expedited the political battleground shift to schools, alerting parents to the presence and impact of controversial concepts like Critical Race Theory (CRT) and Social Emotional Learning (SEL), and leading to the launch of grassroots organizations to navigate the new territory: Courage Is A Habit (CIAH) is one of the latest.
CIAH publishes resources focused on defining and identifying hot-button topics prevailing in K-12 classrooms in Arizona and across the country: diversity, equity, inclusion, and their presence in a variety of controversial educational practices like CRT and SEL.
In one of their more recent initiatives, CIAH issued a guide to facilitate communication between parents and educators: “10 Questions Every Parent Should Ask.”
In May, CIAH put together an informational video explaining the ideological progress from Marxism to communism and its relation to controversial ideologies in schools like CRT.
https://www.youtube.com/watch?v=RVXSP8dXfHk
Additionally, CIAH collects videos published by teachers discussing controversial social justice topics under a filing series labeled “Classroom Exposed.”
As AZ Free News reported previously, Collaborative Academic Social Emotional Learning (CASEL) helped bring SEL into mainstream practice.
CIAH also offered a sample parental opt-out form for educational materials from or concerning the National Sexuality Education Standards, Future of Sex Education (FSE) Initiative, Sex Etc., Advocates for Youth, Answer, Sexuality Information and Education Council U.S. (SIECUS), Planned Parenthood, the Kinsey Institute, any and all “Pride” vendors and/or third parties like Gay Lesbian Straight Education Network (GLSEN), CASEL Competencies or any evidence-based SEL programs, Black Lives Matter (BLM), CRT, the 1619 Project, and the COVID-19 vaccine.
The opt-out form also revoked parental consent for discussions on abortion, birth control or contraceptives, sexual activity, sexual orientation, and gender ideologies or theories.
For parents and community members navigating the increasingly heated landscape of open records requests — which, as AZ Free News reported, led to Scottsdale Unified School District (SUSD) to publicizing the names of records requesters and redacting all staff names in records responses — CIAH compiled resources on the Freedom of Information Act (FOIA).
FOIA is the federal law that requires governmental transparency.
Since last summer, a Democratic political action committee (PAC), Revitalize Arizona, has invested over $120,200 into State Representative David Cook (R-Globe). Their latest investment was nearly $12,500 in communications advocacy, reported on Monday.
In total, Revitalize Arizona invested 250 percent more into Cook than in the next-highest candidate from 2021 and this year, all of whom were Democrats.
Altogether, Revitalize Arizona spent about $128,500 in favor of Democratic candidates from 2021 to present — about $20,800 more for eight candidates.
Over the past decade, Revitalize Arizona has spent well over $1 million opposing Republican state and local-level candidates. By comparison, the PAC spent approximately $10,000 opposing one Democratic candidate in 2020: State Representative Richard Andrade (D-Glendale).
Revitalize Arizona funds began flowing to Cook last June, after Cook was the only Republican to join Democrats in voting against legislation that would’ve prohibited cities and counties from requiring prevailing wages or union labor as a condition of receiving a bid or contract.
Revitalize Arizona, a Tempe-based PAC, is chaired by Israel Torres, a partner in the Torres Consulting and Law Group, which chairs the same address as the PAC. The PAC funneled $48,000 to the group in 2020, totaling over $122,100 over the past decade. It also paid Torres Multicultural Communications, previously known as Torres Marquez Communications, over $681,200 over the past decade, with the majority paid out to the firm in 2019: nearly $646,000.
All of their funds come from another PAC run by Torres: Residents for Accountability. That PAC receives its funds largely from unions. Among its funders from the past two years are the Arizona Pipe Trades 469 PAC, affiliated with a union, and Chicanos Por La Causa (CPLC) Action Fund PAC, affiliated with a social justice nonprofit. Over the past decade, a number of other union-affiliated PACs have funded Residents for Accountability.
The PAC has a history of investing in Democratic polling companies such as the D.C.-based Lake Research Partners, whose past clientele have included President Joe Biden, former President Bill Clinton, House Speaker Nancy Pelosi, Janet Napolitano, Sheila Jackson Lee, AFL-CIO, and the United Food and Commercial Workers (UFCW) Arizona.
They’ve also invested in Democratic polling company SKD Knickerbocker, from which Anita Dunn hailed — Biden’s senior advisor and former President Barack Obama’s communications director.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Scottsdale Unified School District (SUSD) now posts the names of individuals online who submitted records requests, and redacts staff members’ names in response to requests. SUSD will anonymize its employees’ words and actions, but it will ensure that the public is aware of who is looking into the district and how.
SUSD board candidate Amy Carney accused SUSD of intimidating individuals seeking information from the district.
“They don’t want parents or community members asking questions and they will now out you if you do,” wrote Carney.
Beginning July 1, SUSD began publishing a list of record requests including the name of the requester, the request, and the status of the request’s fulfillment. AZ Free News obtained emails associated with this update, as well as SUSD’s separate decision to redact staff names.
One parent emailed SUSD to request that it comply fully with an open records request by not redacting staff names. SUSD general counsel Lori Bird responded that they wouldn’t. She explained that the district decided to redact all staff names due to media attention.
“The District has a strong interest in maintaining a safe and secure environment for its employees including, to the extent possible, not creating situations where staff members are harassed and threatened either through social, digital or print media,” wrote Bird. “In the last few months specific staff have experienced unfounded accusations of child sexual abuse and ‘grooming’ and have been threatened and harassed utilizing their work contact information and also on social media platforms. Concerns regarding the safety of employees are taken seriously by the District.” (emphasis added)
AZ Free News has been one of the outlets to report frequently on SUSD and the controversial fruits of its records requests. Most recently last month, SUSD unintentionally provided a parent with blank patient intake forms for a Phoenix hormone and gender transition facility. The records request concerned a high school librarian and Gender & Sexualities Alliance (GSA) Club.
Earlier last month, SUSD made headlines again for the content of its social justice programming, “Unitown.” Parents and community members were divided on the curriculum, part of which included a sexual orientation exercise that challenged minors on their heterosexuality and asked about their sexual behaviors, such as whether it was possible they’d consider a homosexual lifestyle if they experienced “a good gay/lesbian lover.”
In May, SUSD came under fire again after its superintendent, Scott Menzel, defended a staff member for discussing gender ideology with kindergarten and elementary students. Menzel accused parents of Civil Rights violations.
Menzel previously defended staff members who encouraged childhood exploration of gender and sexual identity through GSA clubs.
In April, SUSD’s social justice professionals promoted drag queen storytime.
Last December, AZ Free News reported on SUSD allowing students to replace their legal birth names with preferred names to align with their desired gender identity.
Last March, an SUSD middle school principal required teachers to attend a training supporting and affirming LGBTQ+ ideologies in children.
SUSD is currently facing a lawsuit from Attorney General Mark Brnovich over its retention of Jann-Michael Greenburg as a governing board member. Brnovich contended that Greenburg shouldn’t remain on the board due to his alleged circumvention of Arizona’s Open Meeting Law.
Today, our office filed a lawsuit seeking to remove Jann-Michael Greenburg from the Scottsdale Unified School Board.
Parents should never be silenced regarding the education of their children. https://t.co/iIrJPn2kBm
A separate controversy involving Greenburg accrued international headlines, after a dossier on SUSD parents and community members compiled by his father, Mark Greenburg, was discovered. The elder Greenburg sued one mother, Amanda Wray, for publicizing the dossier, under the Computer Fraud and Abuse Act (CFAA). Last month, a district court judge denied Wray’s anti-SLAPP motion to dismiss.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
