by Corinne Murdock | Jun 28, 2022 | News
By Corinne Murdock |
Arizona has two pathways for addressing abortion: an outright ban as old as the state itself, or the 15-week restriction codified in March.
On Friday, the Supreme Court (SCOTUS) ruled that Roe v. Wade invented a nonexistent constitutional right to abortion, wrongly forcing the states to surrender their authority on the subject. Arizona’s elected officials must decide whether to honor the state’s original outright ban on abortion or, instead, enforce the 15-week ban passed earlier this year. The latter will likely go into effect in the second-to-last week of September; the SCOTUS ruling will be effective near the end of next month.
The Senate’s Republican caucus declared in a press release that the original outright ban is in effect. However, the attorney general’s office hasn’t issued a formal statement of which law it will enforce. It explained in a statement that it’s conducting a legal review.
“This law, that is already on the books, bans most abortions, unless the procedure is necessary to save the life of a mother,” wrote the Senate majority. “Last year, the legislature amended this law, so that the mother who chooses to have an abortion will not face any punishment.”
Long before the legislature revised the ban, the Arizona Court of Appeals enjoined the law as unconstitutional in its 1973 ruling in Nelson v. Planned Parenthood Center of Tucson. That decision was directed by the SCOTUS precedent in Roe.
Insecurity over current law prompted Arizona’s abortion providers to suspend abortions until further notice. Chris Love, the chairwoman of Planned Parenthood Arizona’s advocacy arm who bragged about her husband assaulting a black Trump supporter at a pro-abortion rally last month, explained that they didn’t want providers to lose their licenses or police engaging with their patients.
Cathi Herrod, the president of the Center for Arizona Policy, spoke with “Conservative Circus” host James T. Harris about the viability of restoring Arizona’s original abortion ban.
Herrod opined that Arizona’s original abortion ban would stand because it preceded Roe v. Wade and that was never repealed after. Arizona outlawed abortion from 1901, prior to achieving statehood, up until it was required by the Supreme Court to allow abortions in 1973. The original ban is A.R.S. 13:3603, which only punishes abortion providers and not the pregnant women.
“I believe that is still good law and that it should be enforceable,” said Herrod.
Herrod clarified that the 1973 Arizona Court of Appeals decision rested on the SCOTUS decision at the time, indicating that the law was no longer enjoined as a result of Friday’s ruling.
Herrod also noted that even the most recent limitation on abortion — SB1164 banning abortions after 15 weeks, signed into law in March — stipulated that it didn’t repeal the state’s original abortion ban.
“This act does not: […] Repeal, by implication or otherwise, section 13-3602, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion,” reads the latest law.
In a Facebook post, Herrod added that the state’s original ban had greater enforceability than the 15-week restriction, unless a court enjoins that ban. In that case, Herrod stated that the 15-week restriction would be enforceable.
In response to claims that the legal system would punish expectant mothers for obtaining abortions, Herrod clarified that no state laws extended punishment to mothers. She noted that Governor Doug Ducey codified a repeal of a pre-Roe law punishing women who received abortions with jail.
Herrod predicted that there would be lawsuits on Arizona’s abortion bans. Pro-abortionists undertook legal action on Saturday, a day after the SCOTUS ruling. ACLU of Arizona, the Center for Reproductive Rights, the Arizona Medical Association, and the National Council of Jewish Women Arizona filed an emergency motion in the Arizona District Court.
According to the latest data from the Arizona Department of Health Services (AZDHS), there were nearly 13,300 abortions completed in 2020 — over 36 a day across the dozen facilities that provide abortions in the state. Over 85 percent of those who obtained abortions were unmarried. The greatest number of abortions occurred in women aged 20-24 years old: about 4,000. Over 1,200 of the abortions came from teenagers, from under 15 years old to 19 years old. Over 7,600 of the abortions came from women in the 20’s, and over 3,800 came from women in their 30’s.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Jun 26, 2022 | News
By Terri Jo Neff |
An expansion of Arizona’s Empowerment Scholarship Account (ESA) program has long been a cornerstone platform issue for Conservative lawmakers. And on Saturday, Gov. Doug Ducey made comments which have supporters believing he will sign into law what he called “the most expansive school choice legislation in the nation.”
House Bill 2853 creates a roughly $7,000 education credit for each of the 1.1 million K-12 student in Arizona to attend any school of their choice, whether it be a public, private or charter school, or even homeschooling. Ducey has called passage of the bill sponsored by House Majority Leader Ben Toma (R-Peoria) a “monumental moment for Arizona’s kids and families.”
That sentiment was shared by the Goldwater Institute, which noted Arizona’s new universal ESA expansion provides school choice for all students and “empowers families to choose the best schooling option for their children regardless of their zip code.”
HB2853 will take effect on behalf of the state’s more than 1.1 million students a mere 90 days after signed by the governor. The credit, which is paid out as scholarships, can be used for expenses such as tuition and tutoring, transportation, education tools (i.e. textbooks and computers), and other costs directly related to supporting a student’s educational needs.
Among those across the country recognizing the legislative victory in Arizona is former Florida Gov. Jeb Bush, a longtime advocate of ESA programs.
In addition, Corey A. DeAngelis of the Washington DC-based American Federation for Children tweeted about the bill which now allows all Arizona families to direct their student’s ESA dollars to the educational institution that can best serve the student.
However, organizations such as Save Our Schools have threatened to push back on the new legislation if Ducey signs it. The group advocates for funding the needs of public school systems instead of the needs of individual students, even when a family has determined a private, charter, or home school situation is better for the student than a public school setting.
EDITOR NOTE: The original article has been updated to reflect that Gov. Ducey has not yet signed HB2853 despite his public comments in support of the legislation.
by Corinne Murdock | Jun 24, 2022 | News
By Corinne Murdock |
On Thursday, the Supreme Court (SCOTUS) struck down New York’s concealed carry restriction requiring individuals to prove that they required “a special need for self-protection distinguishable from that of the general community.”
In New York State Rifle & Pistol Association, Inc., et al. v. Bruen, Superintendent of New York State Police, et al., opinion author Justice Clarence Thomas declared that New York’s “proper-cause requirement” violated the Fourteenth Amendment by “preventing law-abiding citizens with ordinary self defense needs” from exercising their right to keep and bear arms.
Arizona is one of the most gun-friendly states in the nation. However, nothing in this world is immune from change. This principle is most obvious with the makeup of the state legislature: the Republican majority has been shrinking over the past decade. A loss of the majority would likely result in an overhaul of current gun rights in the state.
At present, state law allows citizens 18 or older to openly carry a firearm without a permit, and individuals 21 or older may concealed carry a firearm without a license or permit (unless they’re active military or veterans aged 19 or older). The law also doesn’t require individuals to obtain a permit or registration for firearms, and it also doesn’t require a background check when purchasing a handgun from a private individual. Additionally, there aren’t any magazine size restrictions.
Though, it may not just be the loss of a majority that ushers in sweeping gun control measures. State legislators’ assessments of Thursday’s witching hour budget proceedings revealed that current Republican leadership may be willing to work with Democrats to reform gun laws.
State Representative Jacqueline Parker (R-Mesa) predicted that the budget’s bipartisan support was a harbinger of governing changes to come out of the legislature. Parker warned that current Republican legislators would back gun control measures, in what would be similar to their D.C. counterparts working currently with the White House to pass red flag legislation.
This ruling is the latest in a series that conservatives chalked up as crucial victories for constitutional protections. Supporters of the gun rights ruling expressed fondness of Thomas’ explanation of how, historically, gun control laws were implemented to bar Black individuals from gun ownership.
President Joe Biden condemned the ruling in a statement, claiming that the opinion of the court contradicted “both common sense and the Constitution.” Biden cited the recent mass shootings in Buffalo, New York, and Uvalde, Texas as reasons why increased gun control was necessary.
New York Governor Kathy Hochul insisted that SCOTUS should’ve determined its ruling by current affairs, not precedent or past constitutional arguments. Hochul pledged to act through their state legislature in the near future.
Hochul also threatened to only allow muskets as a valid form of arms, despite the Constitution not specifying the type of arms that Americans may keep and bear.
Shortly after his initial reaction to the SCOTUS ruling, Biden issued a follow-up statement addressing Congress’ progress on gun control legislation. If enacted, the federal government would enforce a swath of red flag laws. Critics of the increased gun control measure called it a “gun grab” and a direct affront to the Second Amendment.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Jun 17, 2022 | News
By Terri Jo Neff |
Restaurants across Arizona won a majority legal victory Thursday that protects those who give jobs to minors under age 16 even if the job requires the minor to walk into or pass through the restaurant’s kitchen on occasion.
The issue arose after the popular Sofrita Restaurant in Fountain Hills was accused by the Industrial Commission of Arizona in 2018 of several violations related to its hiring of three hostesses who were under the age of 16. The Spanish-Latin restaurant was also hit with a $1,000 civil penalty.
Sofrita cooperated with the investigation, which confirmed the hostesses are tasked at times to take dirty dishes into the kitchen and sometimes used the restaurant’s rear entrance when reporting to work. This required the hostesses to walk through the kitchen to get to the hostess stand.
The ICA investigator cited Sofrita for three alleged violations of Arizona Revised Statute 23-232 for having employees under age 16 engage in activities “in, about, or in connection with” the kitchen. A fourth violation stemmed from the restaurant’s alleged failure to keep proper records to ensure the young employees did not violate ARS 23-233 in regard to how many hours a minor can work.
Sofrita challenged the violations and requested a hearing before an Administrative Law Judge. At the hearing, the state investigator testified that the child labor statute means employees under the age of 16 “cannot be in the kitchen” for any reason, not even simply to clock in for their shift.
Judge Jonathan Hauer rejected the Industrial Commission’s position, finding that Arizona’s child labor laws do not regulate “casual encounters” between minor employees and a restaurant’s kitchen space. The findings also concluded there was an “inadequate factual basis” for the ICA to impose the $1,000 penalty.
The State of Arizona appealed Hauer’s findings last year.
On June 16, the Arizona Court of Appeals affirmed Hauer’s rejection of ICA’s interpretation of Arizona Revised Statute 23-232 which prohibits restaurant employees under the age of 16 from working “in, about, or in connection with…cooking and baking.” The appellate opinion also affirmed Hauer’s finding which vacated the $1,000 civil penalty against the restaurant.
In a unanimous appellate decision, Presiding Judge David D. Weinzweig wrote that the statute the ICA relied on never mentions the word kitchen, and nothing supports the ICA’s reading that employers like Sofrita must prevent minors under age 16 from entering the kitchen.
The opinion also pushes back on the ICA investigator’s focus on the words “in, about or in connection with” the kitchen without tethering them to the statute’s specific prohibited activities of cooking and baking.
“It does not forbid employees under 16 years old from walking in the kitchen,” Weinzweig wrote, adding that federal regulations also undermine the ICA’s broad interpretation of a kitchen prohibition.
Weinzweig pointed to the Fair Labor Standards Act which permits minors under 16 to do kitchen work such as some food preparation, cleaning of some kitchen equipment, and even entering freezers to retrieve items.
by Corinne Murdock | Jun 15, 2022 | News
By Corinne Murdock |
On Sunday, Arizona’s two Democratic senators announced a sweeping gun control proposal to curb gun ownership of the mentally ill and domestic abusers, as well as expand mental health and school safety programs.
The proposal hasn’t been introduced as formal legislation, let alone a formal, standalone document. It proposes to prevent court-ruled dangers to the public from obtaining firearms; expand community behavioral health centers, mental health and suicide prevention programs in communities, schools, and telehealth networks, and other similar community support services; add convicted domestic violence abusers and those with domestic violence restraining orders to the National Instant Criminal Background Check System (NICS); increase funding for K-12 school safety programs and training; increase punishment for evading firearm dealer licensing requirements and for illegal straw purchasing and trafficking; and require juvenile and mental health background checks for firearm buyers under 21 years old.
The legislation is a bipartisan effort, with 10 senators from each party issuing support. Republican senators who signed on were Bill Cassidy (R-LA), Susan Collins (R-ME), Roy Blunt (R-MO), Richard Burr (R-NC), Thom Tillis (R-NC), Rob Portman (R-OH), Pat Toomey (R-PA), Lindsey Graham (R-SC), John Cornyn (R-TX), and Mitt Romney (R-UT).
Democrats who signed onto the proposal were Senators Chris Murphy (D-CT), Richard Blumenthal (D-CT), Chris Coons (D-DE), Debbie Stabenow (D-MI), Cory Booker (D-NJ), Martin Heinrich (D-NM), Joe Manchin (D-WV).
One independent, Senator Angus King (I-ME), agreed to the proposal.
This latest gun control proposal comes less than three weeks after the school shooting in Uvalde, Texas.
In a statement, President Joe Biden commended Sinema for the legislation specifically, along with Cornyn and Tillis.
“Obviously, it does not do everything I think is needed, but it reflects important steps in the right direction, and would be the most significant gun safety legislation to pass Congress in decades,” stated Biden. “Each day that passes, more children are killed in this country: the sooner it comes to my desk, the sooner I can sign it, and the sooner we can use these measures to save lives.”
According to the CDC’s Web-based Injury Statistics Query and Reporting System (WISQARS) latest data, there were over 45,200 total firearm deaths in 2020. Nearly 24,300 of those deaths were suicides, nearly 19,400 were homicides, just over 600 were legal intervention, and 535 were unintentional. 400 firearm deaths had an undetermined intent.
A vast majority of the firearm deaths occurred in males: nearly 39,000 versus just over 6,200 females. As for race, about twice the number of white men were killed by firearms in 2020 over black men. 21,000 of the men who died were white, non-Hispanic males; over 12,500 were Black, non-Hispanic males; and just under 4,200 were white Hispanic males.
Just under 3,900 of the women who died were white, non-Hispanic females; nearly 1,600 were Black, non-Hispanic females; and over 500 were white Hispanic females.
Blue counties accounted for the top ten highest firearm death rates of all counties in the country. They’ve been ranked below from the greatest to least number of homicides.
- Cook County, Illinois: 82 percent were homicides, or 862 out of 1040 deaths; Biden won with over 74 percent of the vote in the 2020 presidential election.
- Los Angeles County, California: over 62 percent, or 524 of 837 deaths; Biden won with 71 percent of the vote.
- Harris County, Texas: over 61 percent were homicides, or 475 of 773 deaths; Biden won with over 56 percent of the vote.
- Philadelphia, Pennsylvania: over 84 percent were homicides, or 453 of 538 deaths; Biden won with over 81 percent of the vote.
- Wayne County, Michigan: over 75 percent were homicides, or 344 of 458 deaths; Biden won with over 68 percent of the vote.
- Dallas County, Texas: nearly 61 percent were homicides, or 251 of 412 deaths; Biden won with over 65 percent of the vote.
- Maricopa County, Arizona: over 35 percent were homicides, or 249 of 702 deaths; Biden won with over 50 percent of the vote.
- Marion County, Indiana: 69 percent were homicides, or 219 of 317 deaths; Biden won with nearly 64 percent of the vote.
- Miami-Dade County, Florida: 64 percent were homicides, or 208 of 325 deaths; Biden won with over 53 percent of the vote.
- Tarrant County, Texas: over 45 percent were homicides, or 140 of 309 deaths; Biden won with over 49 percent of the vote.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
