Arizona Supreme Court Rules ‘Unborn Human Being’ A Valid Descriptor For Abortion Measure

Arizona Supreme Court Rules ‘Unborn Human Being’ A Valid Descriptor For Abortion Measure

By Staff Reporter |

On Wednesday the Arizona Supreme Court reversed a lower court ruling, validating the use of the phrase “unborn human being” as an impartial descriptor for Proposition 139, the ballot measure to legalize abortion totally.

The court’s 5-2 decision was a mere three pages long. In it, the Arizona Supreme Court ruled that the Arizona legislature’s choice to use the phrase “unborn human being” rather than “fetus” meets the standard of substantial compliance required by law for drafting an impartial analysis of ballot measures. 

That phrase, “unborn human being,” resides in existing state law as well, something the Arizona Supreme Court did note in its order. 

Vice Chief Justice John Lopez didn’t elaborate on his analysis in this ruling, just that the phrase complied with the standards of the law. Lopez promised that the court would issue an opinion in the future to more fully explain the decision. 

The Maricopa County Superior Court’s slightly longer ruling had determined that “unborn human being” couldn’t qualify as an impartial analysis of the ballot proposal making abortion a constitutional right because the phrase carried an “emotional and partisan meaning” for both supporters and opponents of abortion.

Contrary to the Arizona Supreme Court’s view, the superior court had determined that the existence of the phrase “unborn human being” in state law was irrelevant to the question of neutrality.

The offending phrase at the heart of this legal battle was part of the Arizona Legislative Council’s nonpartisan descriptor intended for the informational pamphlets given to voters about the Arizona Abortion Access Act and other ballot measures: 

“Current state law prohibits a physician from performing an abortion if the probable gestational age of the unborn human being is more than 15 weeks, except when a pregnant woman’s medical condition necessitates an immediate abortion to avert the pregnant woman’s death or for which a delay creates a serious risk of substantial and irreversible impairment of a major bodily function.”

An abortion does occur through the intentional killing and removal of an unborn human being from the womb of his or her mother. 

The Arizona Abortion Access Act would create a fundamental, constitutional right to abortion up until birth, should a health care professional deem the abortion to be necessary to protect the mother’s life or health. The act would also impose a preemptive ban on any legislation seeking to punish those who assist mothers in obtaining abortions. 

The group behind the proposal, Arizona for Abortion Access, said in a statement that describing an unborn child as an “unborn human being” was a manipulative ploy by anti-abortion advocates lacking “basis in medicine or science” or expert approval.

“This means that Arizona voters won’t get to learn about the questions on their ballot in a fair, neutral, and accurate way but will instead be subjected to biased, politically-charged words developed not by experts but by anti-abortion special interests to manipulate voters and spread misinformation,” said the group. 

The group went on to urge voter support for the proposal; they didn’t indicate whether they planned on challenging the ruling. 

Justice Clint Bolick recused himself from the case due to his wife, State Senator Shawnna Bolick, serving on the legislative council and crafting the contested language. Retired Justice John Pelander was selected by Chief Justice Ann Timmer to assume Bolick’s place; Pelander sided with the majority.

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Rep. Blattman Receives Support From Climate Groups Hoping To Push Green New Deal In Arizona

Rep. Blattman Receives Support From Climate Groups Hoping To Push Green New Deal In Arizona

By Staff Reporter |

A middle-of-the-road legislative district in the Phoenix-metro area will be key to deciding the future political makeup of the Arizona State Legislature.

State Representative Seth Blattman, a Democrat, is running for reelection in Arizona Legislative District 9.

The Democrat lawmaker has been endorsed by liberal groups in his reelection bid, including National Organization for Women Arizona, AEA Fund for Public Education, the Progressive Turnout Project, the Progressive Change Campaign Committee, Jane Fonda Climate PAC, Save Our Schools Arizona, and Stonewall Democrats of Arizona.

Blattman’s support from the Fonda PAC may be one of the most concerning for voters researching his record and determining which direction they want to see for their district. On August 7, Blattman boasted of this endorsement, saying, “I am incredibly honored to announce the endorsement by the Jane Fonda Climate PAC! Their tireless efforts in combating climate change and advocating for sustainable policies are crucial for our planet’s future. Together, let’s create a healthier and sustainable Arizona for generations to come.”

The mission of the PAC, however, is not as agreeable to a wide swath of constituents. On her website, Fonda writes, “Our planet is on fire and our leaders are failing us, so if we can’t change the minds of the people in power, we need to change the people in power. It is for that reason that I started Jane Fonda Climate PAC, which is laser-focused on one goal: Do what it takes to defeat fossil fuel supporters and elect climate champions at all levels of government.”

This PAC asserts that “major solutions are stopped cold: the Green New Deal, Build Back Better, clean energy investments, ending billions in tax subsidies to the fossil fuel industry – all because of politicians backed by Big Oil.”

The Green New Deal pushed by the Jane Fonda Climate PAC is the same championed by U.S. Senator Bernie Sanders, who is one of the most progressive lawmakers in the U.S. Congress. On Sanders’ presidential campaign website, he wrote about the deal, that “the climate crisis is not only the single greatest challenge facing our country; it is also our single greatest opportunity to build a more just and equitable future, but we must act immediately.”

Sanders added that as president he would “launch the decade of the Green New Deal, a ten-year, nationwide mobilization centered around justice and equity during which climate change will be factored into virtually every area of policy, from immigration to trade to foreign policy and beyond. Part of the details of the Green New Deal, according to Sanders, includes, “declaring climate change a national emergency, commit[ing] to reducing emissions throughout the world, [and] expanding the climate justice movement.”

Though Arizona has so far resisted an extreme move to the globalist agenda of the climate change lobby – thanks, in large part, to its previous Republican governors (Brewer and Ducey) and a Republican-led legislature – Blattman’s recent votes indicate that he might help usher in more of the Green New Deal policies should Democrats retake the legislature alongside Governor Katie Hobbs. He voted against HCR 2050, which would have “constitutionally prohibit[ed] Arizona or any political subdivision or public body of Arizona from restricting the manufacture, use or sale or a device based on the energy sources used to power the device.”

Additionally, Blattman voted against HCR 2018, which would have “prohibit[ed] this state and any city, town, county, municipal corporation or other political subdivision of this state from imposing a fee or tax based on vehicle miles traveled by a person in a motor vehicle or enacting any rule or law to monitor or limit the vehicle miles traveled by a person in a motor vehicle.”

Another of Blattman’s endorsements, the Progressive Change Campaign Committee, also highlights its efforts to fight for the Green New Deal. The organization promotes itself as “a proud supporter of Elizabeth Warren since her first run for Senate and was the first national political organization to endorse her for president in the 2020 election.”

Warren, also one of the most liberal and progressive members of the U.S. Congress, presents herself as a top supporter of the Green New Deal. On her campaign website, Warren writes, “This is a crisis. We need bold, aggressive action. We need a Green New Deal – and we need it now. Elizabeth is proud to be an original cosponsor of Senator Ed Markey and Rep. Alexandria Ocasio-Cortez’s Green New Deal resolution, which commits the United States to a ten-year mobilization to achieve domestic net-zero emissions by 2030. It provides the framework for an ambitious effort to transform our economy and save our planet.”

According to the Arizona Independent Redistricting Commission, Legislative District 9 is one of the most competitive in the entire state, with a 2.6% vote spread between Democrats and Republicans in the past nine statewide elections. In those contests, Democrats have emerged victorious five times, compared to four for Republicans.

Blattman will attempt to return to the Arizona House of Representatives alongside his seatmate, Lorena Austin. The two Democrats are facing off against Republicans Mary Ann Mendoza and Kylie Barber for the right to represent the district in its two slots.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

State Superintendent Seeks To Recoup $29 Million In Federal Funds Unused By Predecessor

State Superintendent Seeks To Recoup $29 Million In Federal Funds Unused By Predecessor

By Staff Reporter |

Arizona has approximately $29 million in unused federal funds for schools, which Arizona Department of Education (ADE) Superintendent Tom Horne seeks to recover.

The U.S. Department of Education (ED) notified Horne of the unused millions last week. The $29 million in Title I funds were underutilized during the administration of Horne’s predecessor, Kathy Hoffman. This was reportedly the first notification of its kind submitted by ED to the state under Horne’s administration. 

In a press release on Monday, Horne blamed the underutilization on incompetence.

“The under-utilization of about $29 million in federal funds began in Federal Fiscal Year 2020, but continued under the previous superintendent and the employee who incompetently handed these allocations no longer works at this department,” said Horne.

Horne rejected allegations by Governor Katie Hobbs that he was at fault for the mismanagement of these millions, which fell under his predecessor’s control. 

“These dollars should have been sent to districts and charters years ago during the Hoffman administration, but they were allowed by previous staff to accumulate and potentially revert,” said Horne. “In reality she is asking to investigate Kathy Hoffman’s administration, but the problem is being corrected by my administration.”

Horne had clarified in a press release last week, responding to reporting by The Arizona Republic, that it was specifically one employee within Hoffman’s administration that was to blame. Horne claimed that the individual gave incorrect allocation totals to schools. Horne didn’t name that employee. 

“The mishandling and failure to notify districts of correct allocations with time for them to properly plan and spend the money resulted from an error by an employee of my predecessor before I took office,” said Horne. “This person told the schools they had smaller allocations than they had. We were constantly on the phone urging districts to spend as much of the money properly as they could.”

The superintendent noted that the Arizona Republic was aware that oversight of the funds fell under Hoffman, but that they had “dishonestly withheld” that information from their reporting. Horne also demanded a retraction of their “false” reporting.

“The story is false, and the reporter responsible for writing it dishonestly and, apparently with intent, withheld information given to him in advance of the story that clearly shows the story is false,” said Horne. “This is unacceptable and cannot stand.”

KJZZ identified the former staffer as a current employee of the Pima County School Superintendent’s Office. 

One member of that office, Peter Laing, their CFO, served as Hoffman’s policy advisor and oversaw the various federal funding programs during the pandemic. 

Hoffman, in turn, told the Arizona Republic that Horne was to blame for not recognizing the missteps of her administration upon taking over.

“It was their choice to bring in their own leadership, so those people needed to figure out all the grant funding. It’s as simple as that,” said Hoffman.

On Monday, in response to the contested Arizona Republic reporting, Hobbs and six Democratic state representatives demanded the convening of a Joint Legislative Audit Committee to audit Horne and ADE over the Title I funds. 

In a press release, Hobbs said Horne was to blame for the disappearance of the majority of those millions, around $24 million, which the governor deemed as lost.

“It is unconscionable that Superintendent Horne has let tens of millions of dollars disappear from our schools—critical federal funding that helps students succeed,” said Hobbs. “Our kids deserve better.”

An accompanying letter from the six Democratic lawmakers — Nancy Gutierrez, Lupe Contreras, Oscar De Los Santos, Melody Hernandez, Jennifer Pawlik, and Judy Schwiebert — argued against ADE’s refusal, per department policy, to release its data and formulas determining reduced Title I allocations.

The lawmakers alleged that it was current ADE practices that withheld federal funding from schools.

“School finance officers across the state have tried and failed to recreate the reductions generated by the Department, leading to confusion and doubt regarding the accuracy of those calculations,” stated the lawmakers. 

In order to recoup the $29 million, ADE must apply for a Tydings waiver allowing excess funds accrued due to underallocations beginning with the 2020 fiscal year. Approval of the waiver will increase funding to districts and charters, per ADE.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Scantlebury Lines Up Key Endorsements In LD9 Race After Winning Primary

Scantlebury Lines Up Key Endorsements In LD9 Race After Winning Primary

By Staff Reporter |

A Mesa-area legislative district match-up is set for the General Election in the state of Arizona.

Last week, Robert Scantlebury defeated Christopher Stapley in their primary election contest for the Republican nomination for Legislative District 9 Senate. According to unofficial results on the Arizona Secretary of State’s website, Scantlebury received 9,766 votes, compared to Stapley’s 5,323 votes (64.7-35.3%).

In a post to his social media accounts in the aftermath of Election Day, Scantlebury said, “One down and one to go! My focus is now on the General Election on November 5th. This win is the result of a lot of hard work. I am thankful for all the help from family, friends, supporters, volunteers, donors and conservative groups. I am honored that more than 9,747 people voted for me. I appreciate the thousands of people who visited with me at their homes. Many shared their concerns about the effects of crime (mental health, addiction, and homeless issues), our open border, and our struggle to afford housing and everyday expenses like food and gas. One of the most powerful topics was parents’ concerns for the future of our children in Arizona.”

Scantlebury added, “We need a State Senator who looks at issues from the perspective of citizens. We only have a one seat Republican advantage in the State Senate; it is critical to maintaining and improving our way of life to elect more representatives like me who share our values. With your help, I can win back our seat in Legislative District 9.”

Gene Klund, a longtime Republican activist in the east valley, responded to Scantlebury’s victory lap, writing, “Thank you for all your hard work over the years….to make this happen. You will be a great addition to our State Senate and I know you will always try to [do] what is best for all of the taxpayers. Keep up all your hard work for the General Election….”

The Republican candidate for state Senate had obtained a number of key endorsements leading up to his victory on July 30. On July 17, Scantlebury boasted of his endorsement from the Home Builders Association of Central Arizona and from Stand for Health Freedom. Previously, Scantlebury had received endorsements from the Mesa Police Association, the Latinos United for Conservative Action, the Arizona Republican Assembly, and the East Valley Young Republicans.

Out of all the endorsements for his campaign, Scantlebury most appreciated the support from his Republican district. In sharing the endorsement from the Legislative District 9 Republican Committee, Scantlebury stated, “This is the most important endorsement. I am happy to have the full endorsement of the precinct committeemen and committeewomen of Legislative District 9. These are the most involved and informed voters.”

The Legislative District 9 Republicans had issued a press release on June 4 announcing their support of Scantlebury’s candidacy for office against his primary election opponent. The communication revealed that the endorsement had originated from its May 30th meeting with a resolution agreed upon by a majority of the attendees. That resolution made the case that Scantlebury deserved the nod in LD 9 because he “narrowly lost the General race to the Democrat candidate that was supported by almost $1.5M in large donations (mostly from out of state) to push the Democratic competitor,” and because he “announced his candidacy to run again in the 2024 race well before ANY competitor announced a run and has consistently attended our LD 9 meetings, acted as our Sargent at Arms and has been involved with our grassroots efforts…as a Precinct Committeeman.”

The Republican Committee also wrote that “the recent competitor to enter into the Primary for the LD9 Senate seat has yet to even reach out to Robert Scantlebury to discuss their campaign and qualifications for the 2024 race WHEREAS Robert Scantlebury has literally done all the legwork to get to know the constituents of LD9 over the past 3 years and pledged his commitment to represent WE THE PEOPLE.”

The document resolved “that the Body of the LD9 GOP do hereby FULLY ENDORSE Robert Scantlebury as our Candidate for LD9 Senator and believe he is the BEST candidate to ONCE AGAIN defeat the incumbent LD9 Senator!”

Scantlebury will face off against incumbent Senator Eva Burch, who was unopposed in her Democrat primary election. Burch received 11,015 votes, according to unofficial numbers.

The Mesa law enforcement officer veteran entered the political realm in 2018, when he unsuccessfully ran for Mesa City Council in District 4, finishing third. However, Scantlebury just barely missed the bar to move on to the November 6 election, falling 39 votes short of second place. He then challenged incumbent State Senator Tyler Pace in the August 2022 Primary Election, garnering more than double the votes for a shocking victory. Robert couldn’t defeat his Democrat opponent, though, losing to incumbent Eva Burch by five percent (just over three thousand votes).

According to the Arizona Independent Redistricting Commission, Legislative District 9 is likely one of the most competitive in the state, with a 2.6% vote spread between Republicans and Democrats over the past nine statewide elections. Democrats are slightly favored in the district, having won the district in five of those nine elections.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.