Arizona’s supreme court says Civil War-era law can be enforced to ban abortions

Published

11 months ago

April 11, 2024

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Arizona is to ban nearly all abortions after its supreme court ruled a law from the Civil War-era could be enforced.

It means an 1864 law criminalising abortions except when a mother’s life is at risk – with no exceptions for pregnancies due to rape or incest – will become enforceable.

Doctors who perform the procedure could be sentenced to between two to five years in prison.

Democrats and President Joe Biden blamed the ruling on Donald Trump, who appointed three US Supreme Court justices who voted to overturn the universal right to an abortion in 2022.

Mr Biden said on X the “cruel” ban was “a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom”.

“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” said Kris Mayes, the state’s Democrat attorney general.

Fourteen other states have already banned abortion at all stages of pregnancy following the 2022 ruling that overturned the landmark Roe v Wade case.

In 1973, a lower Arizona court blocked the Civil War-era law, and in 2019 another law superseded it and instead restricted abortion after 15 weeks.

However, after Roe v Wade was overturned, a Republican attorney general pushed to end the injunction on the 1864 law, sparking a row over which law was enforceable.

In Tuesday’s 4-2 decision, Arizona’s supreme court said the current 15-week ban was “predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed”.

It said there was now “no provision in federal or state law prohibiting” the 1864 ban.

Democrats in Arizona and across the US have vowed to fight to enshrine abortion rights.

Campaigners in the state are already pushing for an amendment on the issue to be added to election ballots in November.

However, the Center for Arizona Policy, a group that supports anti-abortion proposals, said the state’s court had made the right decision.

It said the ruling “acknowledges the sanctity of all human life and spares women the physical and emotional harms of abortion”.

The White House said Kamala Harris, the vice president, will travel to Arizona this week to discuss abortion rights.

Donald Trump, who will go up against Joe Biden in November’s election, said this week that he believes abortion laws should be left to individual states.

He said he was “proud” of the overturning of Roe v Wade, but that he believes abortions should be allowed in cases of rape, incest, and when a mother’s life is at risk.

US

Day 34: Why Trump really flipped the script on Ukraine

Published

16 hours ago

February 23, 2025

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Day 34: Why Trump really flipped the script on Ukraine

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As President Trump claims he is “close” to signing a mining deal with Ukraine, and his secretary of state Marco Rubio talks about a lack of “gratitude” from President Zelenskyy for US military assistance, our US correspondents Mark Stone, Martha Kelner and James Matthews discuss if this is the real reason Trump’s administration appears to have turned its back on Ukraine.

And, why Canada is taking its feud with Donald Trump on to the ice.

You can email James, Mark and Martha on trump100@sky.uk

US

Trump fires top US military officers – including America’s most senior commander

Published

16 hours ago

February 23, 2025

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Trump fires top US military officers - including America's most senior commander

Donald Trump has purged top military figures in the Pentagon, including firing America’s most senior commander.

He also pushed out five other admirals and generals in an unprecedented shake-up of US military leadership.

The Pentagon had been bracing for mass firings of civilian staff as well as a dramatic overhaul of its budget and a shift in military deployments.

Chairman of the Joint Chiefs of Staff, Air Force General Charles ‘CQ’ Brown – America’s highest-ranking general and only the second black general to serve as chairman – was fired with immediate effect.

The president will also replace the head of the US Navy, a position held by Admiral Lisa Franchetti, the first woman to lead a military service, and the Air Force vice chief of staff, the Pentagon said.

He is also removing the judge advocates general for the Army, Navy and Air Force, critical positions that ensure enforcement of military justice.

The campaign to rid the military of leaders who support diversity and equity in the ranks has been condemned by Democrats.

There is nothing apolitical about Trump

By David Blevins, Sky News correspondent

The purge of America’s top military officials, carried out by President Trump and his Defence Secretary Pete Hegseth, is unprecedented, writes Sky News correspondent David Blevins, in Washington.

Their dismissal late on Friday sent shockwaves through the defence establishment and raised concerns about the direction of military leadership.

General Charles Q Brown, chairman of the Joint Chiefs of Staff, was abruptly removed two years into his four-year term.

America’s most senior military officer comes into office two years into a presidential term, meaning they serve under two presidents.

The role is intended to be apolitical but there is no such thing as non-partisan politics in the Trump playbook.

Brown’s tenure had been marked by a focus on diversity, equity and inclusion, putting him at odds with the administration.

Prior to his appointment as defence secretary, Hegseth questioned Brown’s promotion, hinting that it had been influenced by race.

In his book, The War on Warriors, Hegseth wrote: “The military standards, once the hallmark for competency, professionalism, and ‘mission first’ outcomes, have officially been subsumed by woke priorities.”

Supporters of the administration argue the changes are necessary to refocus military priorities in line with the president’s objectives.

But critics contend that such a sweeping overhaul of leadership undermines the apolitical nature of the military and unsettles the rank and file.

Rhode Island’s senator Jack Reed, the top Democrat on the Senate Armed Services Committee, said: “Firing uniformed officers as a type of political loyalty test… erodes the trust and professionalism that our servicemembers require to achieve their missions.”

Representative Seth Moulton, a Massachusetts Democrat, said the firings were “un-American, unpatriotic, and dangerous for our troops and our national security.”

“This is the definition of politicising our military,” he said.

Senator Jack Reed of Rhode Island, the top Democrat on the Senate Armed Services Committee, said: “Firing uniformed leaders as a type of political loyalty test, or for reasons relating to diversity and gender that have nothing to do with performance, erodes the trust and professionalism that our servicemembers require to achieve their missions.”

During the election, Mr Trump spoke of firing “woke” generals and those he saw as responsible for the withdrawal from Afghanistan.

Defence secretary and former Fox News personality Pete Hegseth has questioned whether General Brown would have got the job if he were not black.

There is no indication his appointment was not based on merit.

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On Friday, Mr Trump said: “I want to thank General Charles ‘CQ’ Brown for his over 40 years of service to our country, including as our current Chairman of the Joint Chiefs of Staff.

“He is a fine gentleman and an outstanding leader, and I wish a great future for him and his family.”

It’s unclear who Mr Trump will choose to replace the judge advocates. Mr Hegseth previously criticised military lawyers, saying most “spend more time prosecuting our troops than putting away bad guys”.

US

Dozens turn out in support of Luigi Mangione over killing of US healthcare boss Brian Thompson

Published

16 hours ago

February 23, 2025

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Dozens turn out in support of Luigi Mangione over killing of US healthcare boss Brian Thompson

Dozens of supporters were outside court as the man accused of fatally shooting the chief executive of UnitedHealthcare made his first appearance.

Luigi Mangione has pleaded not guilty to multiple counts of murder following the 4 December killing of Brian Thompson, 50, outside a midtown Manhattan hotel.

The 26-year-old is accused of ambushing and shooting the executive as he walked to an investor conference.

Dozens of people who showed up in court to support the suspect including former army intelligence analyst Chelsea Manning who was jailed for stealing classified diplomatic cables.

Dozens more queued in the hallway.

Mangione is also facing federal charges that could carry the possibility of the death penalty.

The judge set a deadline of 9 April to submit pre-trial motions.

In addition to the New York cases, Mr Mangione also faces charges of forgery, carrying firearms without a licence, and other counts in Pennsylvania, where authorities arrested him at a McDonald’s.

Police say he was in possession of a gun, bullets, multiple fake IDs and a handwritten document that expressed “ill will” towards corporate America.

He is being held in a Brooklyn jail alongside several other high-profile defendants, including music mogul and rapper Sean “Diddy” Combs, and disgraced crypto entrepreneur Sam Bankman-Fried.

The killing prompted some to voice their resentment at US health insurers, with Mangione attracting a cult following.

A poll taken in the wake of the shooting showed most Americans believe health insurance profits and coverage denials were partly to blame for the incident.