Courts & Law

9th Circuit Court enjoins Arizona abortion law from taking effect today

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Posted by AzBlueMeanie:

A 9th Circuit Court of Appeals panel has issued an injunction against implementation of Arizona’s precedent-challenging “fetal pain” abortion ban, that was scheduled to take effect today. Appeals court blocks Arizona's 20-week abortion ban:

With the injunction in place, the restrictions in the Mother's Health and Safety Act (sic) cannot be enforced until the San Francisco-based appeals court hears the case, likely in late October or early November, and issues a ruling. A court decision could take weeks, if not months.

The law, which would make abortions illegal 20 weeks after a woman's last menstruation, is based on the concept of fetal pain. Arizona lawmakers this spring justified the abortion ban by citing evidence that they say proves fetuses feel pain at the 20th week after gestation.

The bill passed with strong Republican support, and Gov. Jan Brewer signed it into law, saying it "recognizes the precious life of the pre-born baby."

But the Center for Reproductive Rights and the American Civil Liberties Union sued on behalf of three abortion doctors in federal court, arguing the law is unconstitutional. The U.S. Supreme Court, they argued, has established that abortions are illegal at the point a fetus becomes viable. That is generally between the 22nd and 24th weeks of pregnancy, according to medical experts and abortion clinics.

On Monday, conservative activist U.S. District Court Judge James Teilborg upheld the law, triggering the request for a preliminary injunction. For those of you unfamiliar with Judge Teilborg, Molly Redden at The New Republic explains in Angry at the Arizona Abortion Ruling? Blame Democrats Too.:

At first blush, the players who facilitated the ruling—the uncompromising, rightwing governor who signed the bill; the ultra-conservative general assembly members who shepherded it to passage; and the recalcitrant judge, who was moved by his personal passions to defy well-established abortion law—exhibit a familiar scenario: Conservative dominance of the courts has, once again, thwarted a cherished Democratic objective.

Open Elections/Open Government Act initiative oral arguments this Friday

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Posted by AzBlueMeanie:

The Open Elections/Open Government Act initiative (.pdf) is presently scheduled for oral argument before Maricopa County Superior Court Judge Mark Brain on Friday, August 3 at 9:30 a.m.

The Plaintiffs, Save Our Vote Opposing C-03-2012, have filed their Opening Brief (.pdf).

The Real Party in Interest, Open Government Committee, has filed its Opposition Brief (.pdf).

Let's break it down.

This is a "separate amendment rule" aka "single subject rule" challenge to the initiative. Arizona Const. Art. 21 § 1. Plaintiffs argue first that "In addition to proposing a top-two primary system, the Initiative seeks to rewrite scores of statutes that, among other areas, govern the conduct of elections, nomination procedures, nomination signature and other ballot access requirements, campaign finance regulation, political party organization and conduct, and Voting Rights Act compliance."

Second, Plaintiffs argue "Complicating matters is that the Initiative fails to propose these amendments in black-and-white language for voters to evaluate."

Third, "the Initiative's 100 word statement that appears on the petition signature sheets grossly misstates what the voters are being asked to approve."

Federal District Court Judge grants temporary injunction for defunding Planned Parenthood

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Posted by AzBlueMeanie: The Arizona Capitol Times (subscription required) reports that U.S. District Court Judge Neil Wake has temporarily blocked Arizona from implementing a new law that prohibits public funds from going to Planned Parenthood. Court blocks recent Arizona abortion law targeting Planned Parenthood’s funding: The law bars the state from contracting with or making … Read more

Update: Tea-Publican tyranny in Michigan – measure to repeal Michigan martial law back in court

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Posted by AzBlueMeanie:

The Michigan Supreme Court on Wednesday heard oral arguments in the case over whether the size of wording on petitions should keep a proposed referendum on the state's 2011 emergency financial manager law off the November ballot. Michigan Supreme Court hears word-size dispute in emergency manager ballot case:

A union-led coalition that opposes the law gathered enough valid signatures to put the issue to voters. But a group started by current and retired business leaders challenged the petitions, arguing – among other things – that their headings in 14-point Calibri font were not printed in 14-point type.

In a packed courtroom with an estimated 145 onlookers, Chief Justice Robert Young began the oral arguments by noting it is rare for justices to hear cases in July.

"That alone should signify to all … how significant this case is," he said.

A three-judge panel of the state Court of Appeals last month begrudgingly ordered that the referendum go to voters – citing an earlier case giving the benefit of the doubt if petitions "substantially comply" with the law.