Abortion opponents have maneuvered in courthouses for years to end access to reproductive health care. In Arizona last week, a win for the anti-abortion camp caused political blowback for Republican candidates in the state and beyond. Use Our Content
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The reaction echoed the response to an Alabama Supreme Court decision over in vitro fertilization just two months before.
The election-year ruling by the Arizona Supreme Court allowing enforcement of a law from 1864 banning nearly all abortions startled Republican politicians, some of whom quickly turned to social media to denounce it.
The court decision was yet another development forcing many Republicans legislators and candidates to thread the needle: Maintain support among anti-abortion voters while not damaging their electoral prospects this fall. This shifting power dynamic between state judges and state lawmakers has turned into a high-stakes political gamble, at times causing daunting problems, on a range of reproductive health issues, for Republican candidates up and down the ballot.
When the U.S. Supreme Court said give it back to the states, OK, well now the microscope is on the states, said Jennifer Piatt, co-director of the Center for Public Health Law and Policy at Arizona State Universitys Sandra Day OConnor College of Law. We saw this in Alabama with the IVF decision, she said, and now were seeing it in Arizona.
Multiple Republicans have criticized the Arizona high courts decision on the 1864 law, which allows abortion only to save a pregnant womans life. This decision cannot stand. I categorically reject rolling back the clock to a time when slavery was still legal and where we could lock up women and doctors because of an abortion, state Rep. Matt Gress said in a video April 9. All four Arizona Supreme Court justices who said the long-dormant Arizona abortion ban could be enforced were appointed by former Gov. Doug Ducey, a Republican who in 2016 expanded the number of state Supreme Court justices from five to seven and cemented the benchs conservative majority.
Yet in a post the day of the ruling on the social platform X, Ducey said the decision is not the outcome I would have preferred. Email Sign-Up
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The irony is that the decision came after years of efforts by Arizona Republicans to lock in a conservative majority on the court at the same time that the states politics were shifting more towards the middle, said Douglas Keith, senior counsel at the left-leaning Brennan Center for Justice.
All the while, anti-abortion groups have been pressuring Republicans to clearly define where they stand.
Whether running for office at the state or federal level, Arizona Republicans cannot adopt the losing ostrich strategy of burying their heads in the sand on the issue of abortion and allowing Democrats to define them, Kelsey Pritchard, a spokesperson for Susan B. Anthony Pro-Life America, said in an emailed statement. To win, Republicans must be clear on the pro-life protections they support, express compassion for women and unborn children, and contrast their position with the Democrat agenda.
Two months before the Arizona decision, the Alabama Supreme Court said frozen embryos from in vitro fertilization can be considered children under state law. The decision prompted clinics across the state to halt fertility treatments and caused a nationwide uproar over reproductive health rights. With Republicans feeling the heat, Alabama lawmakers scrambled to pass a law to shield IVF providers from prosecution and civil lawsuits for the damage to or death of an embryo during treatment.
But when it comes to courts, Arizona lawmakers are doubling down: state Supreme Court justices are appointed by the governor but generally face voters every six years in retention elections. That could soon change. A constitutional amendment referred by the Arizona Legislature that could appear on the November ballot would eliminate those regular elections triggering them only under limited circumstances and allow the justices to serve as long as they exhibit good behavior. Effectively it would grant justices lifetime appointments until age 70, when they must retire.
Even with the backlash against the Arizona courts abortion decision, Keith said, I suspect there arent Republicans in the state right now who are lamenting all these changes to entrench a conservative majority on the Supreme Court.
Meanwhile, abortion rights groups are trying to get a voter-led state constitutional amendment on the ballot that would protect abortion access until fetal viability and allow abortions afterward to protect the life or health of the pregnant person.
State court decisions are causing headaches even at the very top of the Republican ticket. In an announcement in which he declined to endorse a national abortion ban, presumptive Republican presidential nominee Donald Trump on April 8 said he was proudly the person responsible for ending Roe v. Wade, which recognized a federal constitutional right to abortion before being overturned by the U.S. Supreme Court in 2022, and said the issue should be left to states. The states will determine by vote or legislation, or perhaps both, and whatever they decide must be the law of the land, he said. But just two days later he sought to distance himself from the Arizona decision. Trump also praised the Alabama Legislature for enacting the law aiming to preserve access to fertility treatments. The Republican Party should always be on the side of the miracle of life, he said.
Recent court decisions on reproductive health issues in Alabama, Arizona, and Florida will hardly be the last. The Iowa Supreme Court, which underwent a conservative overhaul in recent years, on April 11 heard arguments on the states near-total abortion ban. Republican Gov. Kim Reynolds signed it into law in 2023 but it has been blocked in court.
In Florida, there was disappointment all around after dueling state Supreme Court decisions this month that simultaneously paved the way for a near-total abortion ban and also allowed a ballot measure that would enshrine abortion rights in the state constitution to proceed.
The Florida high courts decisions were simply unacceptable when five of the current seven sitting justices on the court were appointed by Republican Governor Ron DeSantis, Andrew Shirvell, executive director of the anti-abortion group Florida Voice for the Unborn, said in a statement. Clearly, grassroots pro-life advocates have been misled by elements within the pro-life, pro-family establishment because Floridas highest court has now revealed itself to be a paper tiger when it comes to standing-up to the murderous abortion industry.
Tension between state judicial systems and conservative legislators seems destined to continue given judges growing power over reproductive health access, Piatt said, with people on both sides of the political aisle asking: Is this a court that is potentially going to give me politically what Im looking for?
Rachana Pradhan: rpradhan@kff.org, @rachanadpradhan Related Topics Courts States Abortion Alabama Arizona Florida Iowa Legislation Reproductive Health Women's Health Contact Us Submit a Story Tip
Under his tenure, Tim Davie has had to deal with a lot.
While both he and his head of news Deborah Turness have resigned over events of the last week, it’s important to also take into account just how shaky the last couple of years have been for Davie – earning him the nickname ‘Teflon Tim’.
While his missteps on Strictly and firings on MasterChef have made tabloid headlines, it’s the errors when it comes to news coverage that are arguably most inexcusable at an organisation that prides itself on putting trust and accountability at its heart.
You might remember Davie dodged calls for his resignation earlier this year when it emerged a child narrator on one of its documentaries was the son of a Hamas official.
They investigated, apologised and tried to move on, but just over a week ago, Davie found himself going from the frying pan into the fire.
Image: Tim Davie. Pic: PA
Image: Deborah Turness. Pic: PA
That’s when a leaked memo by a former adviser to the corporation was published – accusing the corporation of “serious and systemic” bias in its coverage of issues including Gaza, trans rights and Donald Trump.
For an organisation that talks the talk on trust and accountability being such an important part of what it stands for, time and time again under Davie’s tenure, it has felt almost as if – rather than coming out and facing the press – he’s perfected the art of strategic invisibility.
While some may see him as a victim of culture wars in the time of Trump, the director-general spent the week ignoring the fire alarms going off inside the BBC.
The truth is, he had left it far too late. The heat was far too hot for him to do anything else but resign.
Amid serious concerns over the editorial mistakes made by the BBC, the downfall of its leaders has been greeted with undisguised glee by many on the right of British politics.
Former prime minister Liz Truss was quick off the mark to retweet gloating posts from Donald Trump and White House press secretary Karoline Leavitt with clapping emojis.
Ms Truss argued not just for the abolition of the licence fee, but for the end of nationalised broadcasting altogether.
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Her former cabinet colleague Suella Braverman has also called for the licence fee to be scrapped.
It’s an idea long advocated by Nadine Dorries during her time as culture secretary. The recent Reform convert is particularly pessimistic about the BBC’s future – telling me she believes its “core bias” has worsened in recent years.
“I’m afraid the resignation of Tim Davie will change nothing,” she said. “Under this Labour government overseeing the new appointment… it will probably get worse.”
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2:17
Why ‘Teflon Tim’ resigned from BBC
All three politicians were close allies of Boris Johnson, who has been instrumental this week in piling the pressure on the BBC.
He dramatically threatened in the Daily Mail to boycott the licence fee until Tim Davie explained what happened with the Trump Panorama documentary – or resigned.
Shadow culture secretary Nigel Huddleston told Sky News “we want them to be successful” – but he and his boss Kemi Badenoch are calling for wide-ranging editorial reforms to end what they describe as “institutional bias”.
Their list calls for changes to BBC Arabic, its coverage of the US and Middle East, and “basic matters of biology”, by which they mean its stories on trans issues.
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‘Catastrophic failure’ at BBC
The irony of demanding editorial changes from a supposedly independent organisation dealing with allegations of bias has been lost in the furore.
Similarly, Nigel Farage is calling for the government to appoint a new director-general from the private sector who has “a record of coming in and turning companies and cultures around”.
As part of its editorial independence, the appointment of the BBC’s next editor-in-chief is meant to be entirely down to its own independent board – and out of the hands of ministers.
The government’s own response to the scandal has therefore been relatively muted. In a statement, Culture Secretary Lisa Nandy thanked Mr Davie for his long service to public service broadcasting – and paid tribute to the BBC as “one of our most important national institutions”.
Image: Tim Davie and Deborah Turness. Pics: PA
Before the news of the resignations broke, she had been expressing her “complete confidence” in how the BBC’s leadership were dealing with the “serious allegations” described in the leaked memo from Michael Prescott, a former external adviser to the corporation’s editorial standards committee.
The departure of Mr Davie and the CEO of BBC News Deborah Turness just hours later seemed to be something of a shock.
A more detailed government response is sure to come when parliament returns from recess on Monday.
The Culture Media and Sport Committee of MPs – which has played an active role in the scandal by writing to the BBC chairman and demanding answers – is due to receive its response on Monday, which is expected to include an apology for the Panorama edits.
Its chair Dame Caroline Dinenage described Mr Davie’s resignation as “regrettable” but said that “restoring trust in the corporation must come first”.
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Ex-Panorama staffer: ‘Worst crime imaginable’
So far, the only British political leader prepared to mount an outspoken defence of the BBC is Sir Ed Davey.
The Liberal Democrat argues that seeing the White House take credit for Mr Davie’s downfall – and attacking the BBC – “should worry us all”.
He’s called on the PM and all British political leaders to stand united in “telling Trump to keep his hands off it”.
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What did the BBC do to anger Trump?
Given the diplomatic contortions Sir Keir Starmer has gone through to develop close relations with the current president, this seems entirely unlikely.
But for a prime minister already juggling an overflowing in-tray of problems, controversy over the national broadcaster as the government prepares to enter negotiations about renewing its charter for the next decade is another political tripwire in waiting.
“While not being the only reason, the current debate around BBC News has understandably contributed to my decision,” Mr Davie wrote in a note sent to staff.
“Overall, the BBC is delivering well, but there have been some mistakes made and as director-general I have to take ultimate responsibility.”
Image: Tim Davie is stepping down as director-general after five years. Pic: PA
Mr Davie has been in the role for five years and at the BBC for 20 in total, having previously worked as director of marketing, director of audio and music, and chief executive of BBC Studios.
Here are the controversies the broadcaster has faced in recent years.
The Trump documentary edit
A memo sent in the summer by a former external adviser to the BBC’s editorial standards committee, highlighting the edit of a Donald Trump speech as well as other concerns about impartiality, was first reported by The Daily Telegraph on Tuesday.
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4:13
What did the BBC do to anger Trump?
The concerns regard clips spliced together from sections of a speech made by the US president on 6 January 2021, featured in the Panorama programme Trump: A Second Chance?
It made it appear that Mr Trump told supporters he was going to walk to the US Capitol with them to “fight like hell”, although the quotes were made during separate parts of the speech. The episode was broadcast by the BBC the week before last year’s US election.
Bob Vylan at Glastonbury
Image: Bob Vylan frontman Bobby Vylan on stage at Glastonbury. Pic: PA
In July, punk-rap duo Bob Vylan led chants of “death to the IDF” while on stage at Glastonbury, a performance which was live-streamed as part of the BBC’s coverage of the festival.
The BBC’s Executive Complaints Unit received four complaints about the performance relating to incitement to violence, terrorism or ethnic cleansing, hate speech and expressions of antisemitism.
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1:09
Trump hits out at ‘dishonest’ BBC
In a ruling given in September, it found the stream of the performance had breached its editorial standards.
Following the backlash over the Glastonbury gig, Bob Vylan said in a post on Instagram that “we are not for the death of Jews, Arabs or any other race or group of people”.
MasterChef
Image: Pic: Ken McKay/ITV/Shutterstock
In the same month, presenter Gregg Wallace was sacked from cooking show MasterChef after an investigation into historical allegations of misconduct upheld multiple accusations against him. These first emerged towards the end of 2024.
Wallace, who co-presented the show for almost 20 years, said he was “deeply sorry for any distress caused” and that he “never set out to harm or humiliate”, but also said in a statement released ahead of the publication of a summary of the report that he had been “cleared of the most serious and sensational accusations” made against him.
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5:05
Mark Stone: Trump enjoys ‘having a scalp’ as BBC director-general resigns
His co-presenter John Torode left the show the following week after an allegation he used an “extremely offensive racist term” was upheld, the BBC said.
In October, Wallace announced he was suing the broadcaster for “distress and harassment”.
Gary Lineker
Image: Pic: PA 2024
No stranger to controversy during his last few years at the BBC, Gary Lineker stepped down from hosting Match Of The Day and World Cup coverage in May.
It came after he apologised unreservedly for sharing a social media postfrom the Palestine Lobby group that had been illustrated with a rat – which has been used to represent Jewish people in antisemitic propaganda, including Nazi Germany.
He said he had not known about the rat’s symbolism.
“I would never consciously repost anything antisemitic – it goes against everything I stand for,” Lineker said in a statement as he confirmed his resignation. “However, I recognise the error and upset that I caused, and reiterate how sorry I am. Stepping back now feels like the responsible course of action.”
The former England star had previously been temporarily suspended from the BBC in March 2023, after an impartiality row over comments he made criticising the then Conservative government’s asylum policy.
His temporary suspension led pundits Ian Wright and Alan Shearer to both announce they would not appear on Match of the Day, and a shortened show went ahead without commentary, pundit analysis, or post-match interviews.
The incident sparked a report, which decided that high-profile BBC presenters outside of its news coverage should be able to express their views on political issues as long as they stop short of campaigning.
Gaza documentary
Image: Mr Davie and BBC chairman Samir Shah were questioned about the documentary by the Culture, Media and Sport Committee earlier this year. Pic: PA
Gaza: How To Survive A Warzone was pulled from BBC iPlayer in February after it emerged that the 13-year-old boy narrating the programme was the son of a deputy minister in the Hamas-run government.
The documentary was made by independent production company Hoyo Films.
A BBC review into the controversial programme said three members of the independent production company knew about the role of the boy’s father – but no one within the corporation was aware.
In October, an Ofcom investigation found the documentary had breached the broadcasting code.
Huw Edwards
Image: Huw Edwards appeard in court in September 2024. Pic: PA
In April 2024, veteran news presenter Huw Edwards resigned from the BBC, nine months after coming off air following accusations of paying a teenager thousands of pounds for sexually explicit pictures.
Just a few months later, it emerged he had remained one of the broadcaster’s highest-paid stars of the year, despite his suspension.
Days later, new allegations emerged – and he was charged and pleaded guilty in court to three counts of “making” indecent images of children, after receiving the illegal images as part of a WhatsApp conversation.
The court heard how he paid up to £1,500 to a paedophile who sent him 41 illegal images between December 2020 and August 2021, seven of which were of the most serious type.
The disgraced broadcasteravoided jail, but was given a six-month suspended sentence.
Strictly Come Dancing
Image: Pic: BBC
Ahead of the 2024 series of BBC favourite Strictly Come Dancing, producers said they would introduce staff chaperones into all future rehearsals.
It followed the departure of two professional dancers following complaints about their behaviour.
Following an investigation, the BBC upheld “some, but not all” of the allegations made against Giovanni Pernice by his 2023 dance partner Amanda Abbington.
Another professional dancer, Graziano Di Prima, also left the show amid reports of alleged misconduct.
Apology over Diana interview
Image: Diana, Princess of Wales, during her interview with Martin Bashir for the BBC in 1995. Pic: PA
In 2021, a report into Martin Bashir‘s bombshell 1995 programme with Princess Diana found the journalist had “deceived and induced” her brother to secure the interview.
By using fake bank statements, Mr Bashir made a “serious breach” of BBC guidelines on straight-dealing, the Lord Dyson report concluded.
Mr Davie, who was not at the BBC at the time the programme was made, issued a “full and unconditional” apology after the findings were released, and the corporation sent written apologies to Prince William and Prince Harry, as well as to Prince Charles and Earl Spencer.
Mr Bashir also apologised and said the faking of bank statements was a “stupid thing to do” and “an action I deeply regret”, but added he felt it had “no bearing whatsoever on the personal choice by Princess Diana to take part in the interview”.
Former director-general Lord Hall, who was the BBC’s director of news and current affairs when the Diana interview was screened, said he accepted the corporation’s 1996 inquiry into how the sit-down was secured “fell well short of what was required”.