In one of the biggest legal rulings in decades, a Pima County judge ruled Friday afternoon that Arizona’s abortion ban is still in effect and can be enforced immediately.
Arizonans had been eagerly awaiting Judge Kellie Johnson’s decision with an eye on Sept. 24, the date a 15-week abortion ban passed earlier this year by the Arizona Legislature would have gone in effect if the law first implemented in 1864 was overturned.
The law outlaws performing or abetting the performance of an abortion except to save the life of the mother, and calls for a prison term of two to five years for anyone who violates the statute.
The language of the newer legislation signed by Gov. Doug Ducey in March is not much different than the 1864 law, other than the 15-week wait. However, the new law specifically stated it was not intended to repeal the 1864 law which was updated for technical language changes in 1901, more than a decade before statehood.
An appeal is expected, if only to reconcile the fact the new 15-week legislation takes effect Saturday and thus appears to directly conflict with Johnson’s ruling allowing enforcement of the territorial days law.
But without a court order putting Johnson’s ruling on hold, it appears Arizona Attorney General Mark Brnovich is ready to enforce the old law, which can be found in Arizona’s criminal code under Title 13, Chapter 36 Family Offenses:
“A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.”
In a statement released Friday, Brnovich applauded the “clarity and uniformity” of Johnson’s ruling. “I have and will continue to protect the most vulnerable Arizonans,” he stated.
The most recent records from the Arizona Department of Health Services showed that more than 12,500 women obtained an abortion in Arizona in 2020 prior to 15 weeks of pregnancy. About 640 obtained an abortion after the 15 week threshold.
Those records do not specify how many of the procedures were deemed by the women’s physician to be medically necessary.
Arizona’s abortion ban except to save a mother’s life became unenforceable due to a court-ordered injunction in 1973 when the U.S. Supreme Court decided Roe v. Wade. However, when Roe v. Wade was overturned in June, the question became whether the injunction against the nearly 160-year-old law was still valid, or was the 1901 language in fact valid law, or would the new 15-week ban signed by Ducey become law on Sept. 24, the legislation’s effective date.
The Center for Arizona Policy advocated for validating the old law.
“Judge Kellie Johnson’s ruling today upholding the law that was in effect in 1973 when Roe v. Wade was wrongly decided will protect unborn babies and their mothers,” said its president Cathi Herrod. “And nearly 50 pregnancy resource centers throughout the state stand ready to ensure no woman stands alone.”
The state’s 15 elected county attorneys also have authority under the law to pursue criminal prosecutions in the name of the State of Arizona.
Maricopa County Attorney Rachel Mitchell has previously stated she “does not want to revictimize” victims of rape or incest, which suggests she would not charge a doctor or other medical staff involved in an abortion in such cases. But she has declined to directly say if that will be an official agency policy.
Meanwhile, Pima County Attorney Laura Conover had pushed for the judge to reject the 1864 law. She announced Friday that her office is “reviewing legal options,” although she has gone on record for intending to not enforce the law in Pima County.
That would not prevent the attorney general’s office from pursuing a prosecution for an offense committed in Pima County.
Tuesday night, Gov. Doug Ducey was joined by his family in Simi Valley for his featured appearance as part of the Ronald Reagan Presidential Foundation & Institute’s “A Time For Choosing” speakers series.
The emphasis of the series is to hear from the leading voices in the conservative movement. And Ducey’s social media comments before and after the event show he was honored to be invited to speak.
The @RonaldReagan Library is sacred ground of conservatism at its finest. A walk through it is a reminder of a great president – one who led our country with purpose and principle. pic.twitter.com/TfoQBn85eu
At the beginning of his speech, the governor described the Ronald Reagan Presidential Library as “a monument to not only a great president, but a great man who built the modern conservative movement” and who inspired many, including Ducey.
“Ronald Reagan’s sentiment remains today,” Ducey said. “Most of us can say unflinchingly – while far from perfect – we remain the single greatest country in the history of the world.”
The governor also used his speech to address the importance of federalism.
We are on the front end of major, historic change in governance, and the ultimate beneficiary will be the states, the people and the cause of federalism. https://t.co/Cs78Gk7rOy
And he used the appearance at the Ronald Reagan Library to express his concerns with the direction of the Republican Party at the federal level, calling out what he sees as the “dangerous strain of big government activism.”
At least 1,365,700 Arizonans will have about $19.2 billion in student debts forgiven through President Joe Biden’s student loan forgiveness handout. Those numbers could be much higher, since the U.S. Department of Education (USDE) noted in a Tuesday press release that they were unable to pinpoint the home states of over 5.1 million individuals with student debts.
According to the USDE, Arizona has approximately 554,900 Pell Grant recipients and 810,800 other types of borrowers. Pell Grant recipients will have $20,000 of their student loans forgiven (approximately $11.1 billion), while other borrowers will have $10,000 forgiven (approximately $8.1 billion).
The Biden administration’s plan prioritizes those with lower income. Nearly 90 percent of student relief funds will go to those earning less than $75,000 a year. For Arizona, that’s about $17.2 billion of the student loans that will be forgiven.
Those who earn over $125,000 a year ($250,000 for households) are excluded from student debt forgiveness. That means 10 percent of the student relief funds will go to those who earn between $75,000 and $125,000 a year. For Arizona, that accounts for about $1.9 billion of the student loans that will be forgiven.
The USDE explained in a Tuesday press release that lower income borrowers were prioritized in order to “narrow the racial wealth gap.” The DOE noted that nearly 71 percent of Black individuals and 65 percent of Latino individuals with student debt were Pell Grant recipients.
In all, the Biden administration estimates that over 40 million Americans would have some amount of student debt forgiven, with nearly 20 million having all of their student debt forgiven entirely.
News: @WhiteHouse has released state-by-state data on the estimated number of student loan borrowers & Pell Grant recipients eligible for student loan debt relief under @POTUS’ plan. https://t.co/1hdCw5cNTt
In addition to issuing mass student loan forgiveness, the Biden administration extended its moratorium on student debt payments until January 2023.
Members of Congress were quick to point out that Biden’s declaration on Sunday that the pandemic is over meant that his continued suspension of student loan repayments, as well as his plan to issue billions in debt forgiveness, weren’t justifiable.
Biden admitted last night that the COVID pandemic is over.
In other words, there is no ‘ongoing emergency’ to justify his proposal for student loan handouts.
Congresswoman Debbie Lesko (R-AZ-08) called Biden’s student loan forgiveness program an “unconstitutional […] debt scheme” that oversteps his executive authority.
President Biden used COVID-19 as an excuse for his unconstitutional student loan debt scheme, but he just admitted that the COVID-19 pandemic was over. Now, he no longer has any reason to justify his unprecedented breach of executive authority. https://t.co/3HJ8CJoCfk
Those who made payments on their student debt over the course of the pandemic will receive a refund of any payments that brought their debt below the maximum relief amount — but only if they didn’t pay their loan off in full.
The Biden administration claimed that the program will cost the country about $240 billion in lost revenue over the next decade, but private estimates are higher. The Penn Wharton Budget Model estimated that the program would cost between $605 billion and $1 trillion.
Regardless of the losses, the Biden administration expressed hope that the student debt forgiveness would result in greater economic activity elsewhere such as the housing market.
Applications for the student loan forgiveness program close on December 31, 2023.
When confronted by reporters and supporters in person on Wednesday, Democratic gubernatorial candidate Katie Hobbs wouldn’t elaborate on her refusal to debate her Republican opponent, Kari Lake.
Hobbs abandoned an interview when a Yellow Sheet Report reporter asked her why she won’t debate Lake, as well as dismissed a similar question from a female supporter.
Hobbs refused to provide the reporter with proof that she proposed a debate format to the Arizona Citizens Clean Elections Commission (AZCCEC). After the reporter challenged Hobbs’ assertion that she had offered debate format changes, Hobbs stated that their conversation wasn’t productive and left the interview after less than three minutes.
When one of Hobbs’ female supporters asked her why she wouldn’t debate Lake, Hobbs told the woman that they would talk about it later.
.@FOX10Phoenix: "@katiehobbs was asked first by a supporter on campus, "Why she didn't want to take the stage to debate with Republican nominee @KariLake. She told the woman, quote, "Let's talk about this later."
Hobbs never proposed changes to the debate format. Rather, Hobbs proposed something else entirely: two back-to-back town halls, effectively two interviews. The AZCCEC rejected Hobbs’ proposal earlier this month.
AZCCEC voted to reject the request to replace the standard debate format with separate 30-minute interviews and will give its staff & the campaigns of Katie Hobbs and Kari Lake 7 days to find an acceptable format to both parties. View the meeting here https://t.co/6rnR5TVjq4.
Hobbs effectively told Fox News that Lake wasn’t debatable. Hobbs’ campaign manager, Nicole DeMont, said during the AZCCEC meeting earlier this month that Lake wasn’t capable of a substantive debate because she was a conspiracy theorist.
TODAY: @katiehobbs campaign manager Nicole DeMont said @KariLake wanted to create a spectacle, not have a debate: "You can't debate a conspiracy theorist. … When she starts to come back to reality [then] we can have a debate." pic.twitter.com/6JVZHb3DwP
Last week, Lake requested the AZCCEC to extend an “open invitation” for Hobbs to debate her. At this point, Lake will have a Q&A session set up by AZCCEC on the scheduled debate day, October 12.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Wednesday, the Pima County Board of Supervisors voted to rescind its COVID-19 vaccine mandate for employees, as well as its $45 monthly penalty for unvaccinated employees. The board mentioned but didn’t vote on rehiring those fired for not getting vaccinated, with backpay, as well as reimbursing those who paid the penalty for not getting vaccinated.
Although the board rolled back its punitive measures for COVID-19 compliance, it implemented a reward for obedient county employees: 16 hours of paid time off (PTO) every year for those who stay up to date with their COVID-19 booster shots.
During Wednesday’s meeting, most of the board were reluctant to drop the vaccine mandate and $45 penalty. Only two supervisors, Grijalva and Matt Heinz, opposed rolling back the vaccine mandate. Heinz said that the county should sue the state. Bronson responded sarcastically that Heinz’s suggestion was a “good way to spend taxpayer dollars.”
Only Supervisor Steve Christy opposed the PTO, arguing that individuals shouldn’t be paid for receiving voluntary medical treatment. Christy noted that the county didn’t conduct a cost analysis. Supervisor Sharon Bronson shared Christy’s concern about the cost to the county, though she voted for the PTO. She questioned the efficacy of a yearly booster, and contended that the county didn’t offer an equal incentive for annual flu shots.
The board’s decision came five days before a new state law, HB2498, goes into effect prohibiting vaccine mandates for local government employees.
It’s a good day to get boosted! The new bivalent vaccines are built to protect against COVID-19's contagious and immune-evading Omicron BA.4 and BA.5 subvariants. Get yours at one of our clinics: https://t.co/9sSIsnUj0l
Supervisor Adelita Grijalva said that the new state law constitutes an overreach. Grijalva insisted that their county’s COVID-19 mandates worked to curb COVID-19 infections and deaths.
“I guess, go ahead and follow the law in this situation,” said Grijalva.
Supervisor Rex Scott concurred with Grijalva. He suggested that the county take next steps through the County Supervisors Association of Arizona (CSA) Legislative Policy Committee (LPC) to increase their power and authority.
“It is not just Pima County that has concerns about moves made by the legislature and governor to restrict our statutory authority as the public health authority,” said Scott.
Bronson agreed, inferring that CSA was their best option for adjusting the balance of power between county and state. Bronson referred to the ongoing issue over the vaccine mandate as “drama.”
The county first issued its vaccine mandate last August. Then last September, they issued a $45 monthly penalty for unvaccinated employees in the form of a health insurance premium surcharge. Only employees with a medical or religious exemption were excluded from the surcharge. In all, 236 employees paid that penalty.
In April, Governor Doug Ducey signed HB2498 into law, which prohibited local governments from mandating their employees to receive the COVID-19 vaccine.
Despite the inevitable unlawfulness of their mandate, the board decided in May to continue its vaccine mandate for new hires and promotions up until HB2498 went into effect.
Last month, Attorney General Mark Brnovich sued the county over the vaccine mandate: State of Arizona v. City of Tucson (CV2022-011416 in the Maricopa County Superior Court). The last action on that case took place on September 3, with a motion for compulsory arbitration.
Overall, the county received 284 medical or religious exemption requests for the COVID-19 vaccine: 257 religious, 27 medical.
The county granted 149 religious accommodations; 70 were incomplete, 19 were denied. Of the 27 medical exemption requests, the county granted 26; the one denial was due to a rescission of an offer of employment.
Watch the Pima County Board of Supervisors discuss the COVID-19 mandate below:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The federal government’s latest southern border data reveals that President Joe Biden set an all-time record for illegal immigrant encounters: over 2.1 million in one fiscal year. Under Biden, there have been over 3.6 million illegal immigrant encounters. That doesn’t include “gotaways,” which are illegal immigrants either directly or indirectly observed but not apprehended.
In all four years under former President Donald Trump, there were just over 2.4 million border encounters. If the border encounters under Biden continue at this rate — an average of over 183,300 a month — there will be over 8.6 million border encounters.
Texas farmer living near border shows footage of illegal migrants crossing onto his property and breaking into homes. He claims this happens almost daily. pic.twitter.com/6GWXu5kL6T
The National Border Patrol Council (NBPC) vice president, Art Del Cueto, told “The Conservative Circus” on Monday that the drug cartels, not Biden, are in charge of the border, and that Biden’s inaction makes him, essentially, their friend.
“Everything gets coordinated through them,” said Del Cueto. “[The drug cartels] have a budget, and their best friend is sitting in the White House today.”
Del Cueto explained that the cartel keeps an eye on border gaps and plans human smuggling nearly a decade ahead.
Del Cueto further explained that the asylum process isn’t safe for the American people. He shared that those awarded asylum are only vetted for crimes committed in America, not their home country.
“We don’t know what crimes they’ve committed in their own country,” said Del Cueto.
Art Del Cueto, VP of the National Border Patrol Council, discusses how the crisis on our Southern Border is being e https://t.co/HPhbBLjL2r
The Biden administration claims that the border is secure.
Earlier this month, Vice President Kamala Harris issued that claim to NBC. “We have a secure border in that that [sic] is a priority for any nation, including ours in our administration,” said Harris. “There are still a lot of problems that we are trying to fix, given the deterioration that happened over the last four years. We also have to put in place a law and a plan for a pathway to citizenship.”
However, a group of about 100 illegal immigrants dropped off outside Harris’ Washington, D.C. home last Thursday told Fox News reporters that the consensus among illegal crossers is that there aren’t laws governing the border. The illegal immigrants also acknowledged that they and all the rest of their ilk understand that what they’re doing is illegal.
“Everybody believes that the border is open,” he said. “It is open because we enter. We come in free, no problem. We came illegally, not legally.”
Yet, that same day, White House Press Secretary Karine Jean-Pierre backed Harris’ claim.
“What we stand by is that we are doing everything that we can to make sure that we follow the process that’s been put forth,” said Jean-Pierre. “We agree that the border is secure, but there is still more work to be done.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
