(UPDATED) Arizona Democrats Condemn the Texas Abortion Law and the Supreme Court for Letting it Go into Effect

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Yesterday was a good day for real estate developers for new homes in Colorado and New Mexico.

It was also a good one for manufacturers (and their stockholders) of early pregnancy tests and the morning after pill.

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Why?

Because the Republicans in Texas have taken that state totally into the Dark Ages with its:

  • Passage of laws suppressing Democracy.
  • Allowing people to walk the streets carrying guns without a permit or training.
  • Denying the reality of science in refusing to institute Coronavirus mask or vaccine mandates.
  • Putting a black high school principal on paid leave after allegations were made that he was teaching Critical Race Theory. Apparently, he was also told to take down pictures of him and his wife who is white.
  • Making women second-class citizens with the passage of an anti-abortion measure that both prohibit a women’s constitutional right to choose and rewards vigilantism for going after women and anyone who helps them make the choice to terminate her pregnancy after six weeks.

Texas has become, as EJ Montini alluded to in a September 1, 2021 column, akin to the Taliban with the passage of its reactionary and onerous laws consigning women to second-class citizen status in the Lone Star State (or should we now call it the Handmaiden one.)

Colorado and New Mexico, two states close to Texas and with no limits on a woman’s right to choose, should see a potential influx of new residents seeking to escape the American version of Gilead

The United States Supreme Court, with three Trump picks on it, in a five to four decision, decided not to block the Texas law from going to effect.

In six previous instances (when Ruth Bader Ginsburg was alive,) the court blocked states from imposing such restrictive and draconian anti-abortion measures.

Chief Justice John Roberts sided with the three liberal members of the court.

To the people who did not turn out to vote for Hillary Clinton in 2016 or decided to vote for Jill Stein: How do you like your decision now with Roe v Wade on life support and the respirator about to be disconnected?

President Joe Biden immediately condemned the Supreme Court not blocking this Texas law from going into effect and announced a whole of government approach for looking for ways to protect women in that state and others that enact similar repressive measures. His statement from the White House Press office reads:

“The Supreme Court’s ruling overnight is an unprecedented assault on a woman’s constitutional rights under Roe v. Wade, which has been the law of the land for almost fifty years. By allowing a law to go into effect that empowers private citizens in Texas to sue health care providers, family members supporting a woman exercising her right to choose after six weeks, or even a friend who drives her to a hospital or clinic, it unleashes unconstitutional chaos and empowers self-anointed enforcers to have devastating impacts. Complete strangers will now be empowered to inject themselves in the most private and personal health decisions faced by women. This law is so extreme it does not even allow for exceptions in the case of rape or incest. And it not only empowers complete strangers to inject themselves into the most private of decisions made by a woman—it actually incentivizes them to do so with the prospect of $10,000 if they win their case. For the majority to do this without a hearing, without the benefit of an opinion from a court below, and without due consideration of the issues, insults the rule of law and the rights of all Americans to seek redress from our courts. Rather than use its supreme authority to ensure justice could be fairly sought, the highest Court of our land will allow millions of women in Texas in need of critical reproductive care to suffer while courts sift through procedural complexities. The dissents by Chief Justice Roberts and Justices Breyer, Sotomayor, and Kagan all demonstrate the error of the Court’s action here powerfully.

While the Chief Justice was clear to stress that the action by the Supreme Court is not a final ruling on the future of Roe, the impact of last night’s decision will be immediate and requires an immediate response. One reason I became the first president in history to create a Gender Policy Council was to be prepared to react to such assaults on women’s rights. Hence, I am directing that Council and the Office of the White House Counsel to launch a whole-of-government effort to respond to this decision, looking specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe, and what legal tools we have to insulate women and providers from the impact of Texas’ bizarre scheme of outsourced enforcement to private parties.”

Arizona Democrats Rush to Condemn the Texas Law and the Supreme Court for not Blocking it. 

Arizona Democrats wasted no time issuing statements either condemning the Texas Abortion Law, the Supreme Court for letting it go into effect, or both.

Democratic Party Chairperson Raquel Teran wrote:

Arizona Democratic Party Chairperson and Legislative District 30 State Representative Raquel Teran

“In 2019, I traveled to El Salvador and witnessed firsthand the future Texas Republicans want for the United States –– women who were imprisoned because they had abortions, and in some cases miscarriages that were prosecuted as abortions. The cruel reality is that Texas and SB8 are just the tip of the iceberg when it comes to the GOP’s cruel coordinated attack on abortion rights — and as wrong, as it is, Arizona very well maybe next. While far-right, out-of-touch politicians continue to push these abortion bans that directly contradict the will of the American people — 77% of whom support Roe v. Wade and its protections — the Arizona Democratic Party will never stop fighting to protect our fundamental right to reproductive freedom.”

 

Arizona Secretary of State and Democratic Gubernatorial Candidate Katie Hobbs issued several social media posts including:

Another Democratic candidate for Governor, LD 28 State Representative Aaron Lieberman also voiced his concerns on social media, posting:

Arizona Senator Mark Kelly tweeted:

Both Kelly and Arizona’s other Democratic Senator, Kyrsten Sinema are cosponsors of the Women’s Health Protection Act.

Tucson Mayor Regina Romero commented:

Tucson Mayor Regina Romero

“This is an absolutely horrendous decision. Yesterday, the Supreme Court abdicated its responsibility to uphold decades-long judicial precedent and protect reproductive freedom for millions. This will only embolden other State Legislatures, including here in Arizona, to enact similar restrictive measures that directly conflict with Roe v Wade and disproportionately affect communities of color. We must stand with Texans and continue the fight to protect reproductive rights.”

 

 

Arizona Congressional District Two Representative Ann Kirkpatrick tweeted:

Arizona Congressional District Four Representative Raul Grijalva also posted:

So did Congressional District Seven Representative Ruben Gallego:

And CD Nine’s Greg Stanton:

Arizona Legislative District (LD) Ten State Senator Kirsten Engel issued a statement that relayed:

State Senator and House of Representatives Candidate Kirsten Engel

“Yesterday, in a devastating decision for our country and the reproductive health of millions, the Supreme Court let stand a blatantly unconstitutional Texas law that encourages outright anti-abortion vigilantism.

Dissenting from the Court’s cowardly inaction that will deprive thousands of women of needed healthcare, Justice Sotomayor said it best: “The Court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand.”

This new Texas law is one of the most extreme anti-choice bills ever to become law and prohibits abortions well before most people even know they’re pregnant. Like other abortion bans, this law is likely to cause disproportionate harm to people of color. This decision sets a dangerous blueprint for other states determined to take away reproductive rights and is a frightening indication of how the Court is likely to rule on upcoming challenges to Roe v. Wade.

In the face of this decision, it is clear that we need unapologetically pro-choice representatives in Congress who will fight to protect these rights and codify them in legislation. Abortion is healthcare, and healthcare is a human right. No one should have their most personal medical decisions controlled by politicians, neighbors, complete strangers, or anyone else. I’m proud to stand with organizations like Planned Parenthood, ACLU, and others in this fight for reproductive rights.”

Arizona LD 26 State Representative Athena Salman issued a statement that read:

LD 26 State Representative Athena Salman

“This is a dark day not just for women in Texas but for women and pregnant people throughout the country. The draconian Texas abortion ban is straight out of a totalitarian nightmare where the government pays vigilantes to inform on any woman – be it family, neighbor, or co-worker – if she gets an abortion, or on anyone – be it doctor, nurse, or Lyft driver – who has helped a woman obtain an abortion.

The Republican party’s contempt for women has never been clearer. Every Republican – male and female – in the Arizona Legislature voted for our state’s SB1457, which also bans abortions, certain forms of birth control, and takes effect later this month without court intervention. Like Arizona’s bill, the Texas legislation clearly violates Roe v. Wade, which is supported by a vast majority of Americans. But in the middle of the night, a cowardly Supreme Court majority, radicalized by the religious right, has let this extreme law go into effect, signaling the end of Roe. If and when Roe is completely overturned, Arizona’s pre-Roe criminal bans on abortion and contraception will go into effect and cement people who can become pregnant in our state and across America into a permanent second class.

It is long past the time for the vast majority of Americans who support reproductive freedom to stand up and say no to backsliding into a fundamentalist totalitarian society, ditch the filibuster, and pass laws that protect and preserve the rights we gained nearly 50 years ago.”

LD 18 State Representative Mitzi Epstein wrote:

Arizona Legislative District 18 State Representative Mitzi Epstein

“Today marks the dawn of horrible desperation for women in America.

Republicans return us to coat-hanger days with this vile law.

Justice Sonia Sotomayor noted that this particular Texas law is heinous because the law — “deputized the state’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors’ medical procedures.” “

  https://www.facebook.com/MitziEpsteinforAZ/posts/4335842046533224

LD Eighteen’s other State Representative, Jennifer Jermaine posted:

LD Two-State Representative and CD Two Candidate Daniel Hernandez also posted on social media:

Delina DiSanto, the 2020 Arizona Congressional Four Democratic Nominee and running again in 2022 issued a statement to constituents that said:

Arizona House Congressional Candidate Delina DiSanto

“This issue should have been settled nearly 50 years ago with the landmark Roe v. Wade decision. But thanks to Republicans like Paul Gosar undermining reproductive rights every chance they get, we are still fighting today for women to be able to make our own reproductive decisions. In order for us to protect reproductive rights for women in every state, we must expand the Democratic majority in Congress by helping my campaign defeat anti-choice members like Paul Gosar, who has a whopping 0% rating from NARAL. He should not have the power to take any action or judgment for any woman’s decision of her body!”

 

The other Democratic Congressional Candidate for CD Four, Judy Stahl, also offered her perspective, stating:

Arizona House Candidate Judy Stahl
“I am heartbroken for the women in Texas who will be unable to access the care they need because of the new abortion law. This will not stop at Texas if we don’t stop it.
The inaction by the Supreme Court to defend women’s rights to bodily autonomy is inexcusable. When women are in control of their bodies and have comprehensive healthcare, we all benefit. We need Congress to act now. I plan on making this a priority when elected.”

Moving Forward

If voters want to live in a society that they could still call free and Democratic, then turn out and vote out the very people that would take that freedom and Democracy away. Do not fall for their slogans that they want to get the government off the people’s backs. If their support for a law that makes women in Texas the hunted for exercising their Constitutional rights does not convince you of their reactionary and repressive agenda, what will?

Wake up.

Stay Engaged.

Turn out and vote for the people that will work to make your lives better.

 

 

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1 thought on “(UPDATED) Arizona Democrats Condemn the Texas Abortion Law and the Supreme Court for Letting it Go into Effect”

  1. Restrictive covenants, “state action” enforcement, and the Texas antiabortion law. [WHY isn’t anybody talking about this in the news???]

    Considering the Texas antiabortion law: If it is unconstitutional then there can be NO “state action” to enforce it. That was the way that the Sup Ct. invalidated all those restrictive covenants in home titles. If a Texas state judge acted to enforce those covenants (and/or this Texas law) then you had (and/or have) “state action” and then the Attorney General of the United States could sue the Texas judge or the Texas state judicial supervisory authorities (probably the Texas State Supreme Court) for allowing enforcement of an unconstitutional law via Roe v. Wade.

    I did a quick search and only found only two recent articles that related private antiabortion enforcement law and “state action”. There’s a lot of inside baseball in this piece. But the author seems to believe that using the Shelley v. Kraemer model will NOT work to count judicial enforcement of any of the private law suits under the new Texas anti abortion law as government action to enforce the Texas law.

    “When Does Government Act Through Private Actors? Texas Private Attorney General Enforcement Against Abortion Providers”, Dorf On Law, Wednesday, July 21, 2021

    http://www.dorfonlaw.org/2021/07/when-does-government-act-through.html

    There is another article about the legal implications of the Texas law. While it does NOT mention ‘Shelly’, or “state action”, it does mention how the Supreme Court in 1948 struck down “racially restrictive covenants in real estate contracts” by holding that state courts are “government actors”.

    “In a wide-ranging 49-page complaint, an array of abortion providers and abortion rights groups in Texas have sued Texas state court judges, Texas state court clerks and an array of state health officials in challenging the new law. As the lawsuit notes, even if, under the law, state enforcement proceedings can be initiated only by citizens, those proceedings can’t actually accomplish anything without the participation of judges, clerks and health officials. Thus, although these potential defendants aren’t tasked with enforcing the law and bear no responsibility for its enactment, the law can’t be enforced without them.

    “There is precedent for this approach [above]. In 1948, for instance, the U.S. Supreme Court struck down the use of racially restrictive covenants in real estate contracts by holding that even though the contracts were agreements between private parties, they couldn’t be enforced without the cooperation of state court judges, which would violate the 14th Amendment’s guarantee of equal protection for all under the law. The same is true here: The citizens who would enforce the law are not government actors, but the courts that would hear their suits are. It’s certainly an unusual way to challenge a state law, but it’s one that, in our view, is entirely appropriate.”

    ‘Texas Tries to Upend the Legal System With Its Abortion Law’, by By Laurence H. Tribe and Stephen I. Vladeck, July 19, 2021

    “Mr. Tribe is an emeritus professor of constitutional law at Harvard Law School; Mr. Vladeck is a professor at the University of Texas School of Law in Austin.”

    https://www.nytimes.com/2021/07/19/opinion/texas-abortion-law-reward.html

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