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Tue Jan 24, 2023, 09:58 PM

Federal judge allows Arizona to implement law banning abortions due to genetic abnormality

Tuscon Sentinel


A ruling Thursday from a federal judge that reinstates an abortion ban from 2021 has once again complicated the legal landscape for providers in Arizona.

U.S. District Court Judge Douglas Rayes refused to block a law that prohibits doctors from performing abortions due to the fetus’ genetic abnormality, saying that the overturning of Roe v. Wade nullified that request and no actual harm to providers had yet happened.

Passed by the Republican-majority legislature two years ago and signed by then-Gov. Doug Ducey, the law threatened doctors and others who helped finance an abortion with revoked licenses and criminal penalties if they knew the reason for the abortion was because of a genetic abnormality and it isn’t a medical emergency. Doctors faced a class 6 felony and others who helped finance it could have been charged with a class 3 felony.

The law was ultimately blocked the same year it was passed under the auspices of the constitutional right to an abortion, but the U.S. Supreme Court overturned that right last year and also allowed the 2021 ban itself to go into effect. Because the genetic abnormality ban included a provision that explicitly stated it didn’t supersede the 1864 near-total ban Arizona was under at the time, its reimplementation then was a moot point.

Over the summer, pro-abortion groups including the National Council of Jewish Women Arizona and local abortion providers sought a renewed injunction to block the genetic abnormality ban again. They argued that the law was unconstitutionally vague and threatened real harm to doctors across the Grand Canyon State.

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Arrow 13 replies Author Time Post
Reply Federal judge allows Arizona to implement law banning abortions due to genetic abnormality (Original post)
In It to Win It Jan 24 OP
edhopper Jan 24 #1
Diamond_Dog Jan 24 #2
littlemissmartypants Jan 25 #8
In It to Win It Jan 25 #11
onenote Jan 25 #12
In It to Win It Jan 25 #13
niyad Jan 24 #3
Freethinker65 Jan 24 #4
In It to Win It Jan 24 #5
Diamond_Dog Jan 24 #6
Hekate Jan 24 #7
BittyJenkins Jan 25 #9
pansypoo53219 Jan 25 #10

Response to In It to Win It (Original post)

Tue Jan 24, 2023, 10:01 PM

1. Why are people

Still voting for Republicans

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Response to edhopper (Reply #1)

Tue Jan 24, 2023, 10:07 PM

2. Especially women.

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Response to edhopper (Reply #1)

Wed Jan 25, 2023, 12:37 AM

8. Why did President Obama nominate U.S. District Court Judge Douglas Rayes?

https://en.m.wikipedia.org/wiki/Douglas_L._Rayes

On September 19, 2013, President Barack Obama nominated Rayes to serve as a United States District Judge of the United States District Court for the District of Arizona, to the seat vacated by Judge Frederick J. Martone, who assumed senior status on January 30, 2013.[5] Rayes, a Republican,[3] was one of four Arizona judicial nominees announced by Obama that day who were chosen in consultation with Republican Senators John McCain and Jeff Flake.[6] On February 27, 2014 his nomination was reported out of the committee.[7] On May 13, 2014, Senate Majority Leader Harry Reid filed for cloture on his nomination. On May 15, 2014, The Senate voted 59–35 to invoke cloture on his nomination.[8] Later that same day, the Senate confirmed him by a 77–19 vote.[9] He received his judicial commission on May 28, 2014.[2]


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Response to littlemissmartypants (Reply #8)

Wed Jan 25, 2023, 08:29 AM

11. Blue slips

from McClain and/or Jeff Flake, I assume.

I’m guessing one or both of them were holding up judicial nominations for their state, and this is the guy they supported.

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Response to In It to Win It (Reply #11)

Wed Jan 25, 2023, 08:45 AM

12. Possibly. But he received unanimous support from Democrats. 19 repubs voted against him.

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Response to onenote (Reply #12)

Wed Jan 25, 2023, 09:10 AM

13. Yes but he couldn't have been confirmed without the support of the home state senators

In order to be confirmed in the first place, the nominee needed to have the “thumbs up” from the two republican senators from Arizona. IIRC, Harry Reid was honoring blue slips for District Court nominees.

This judge happened to be one that made it through John McCain and Jeff Flake.

ETA: If this particular nominee didn't have John McCain's and/or Jeff Flake's support, his nomination would have been withdrawn. My guess is that this was some sort of deal they worked out to get this judge nominated and confirmed. John McCain would have never let Obama nominate a more liberal judge to a District Court in Arizona. If the circumstances were different, I think Obama would have nominated a more liberal judge if he could have gotten one through the confirmation process.

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Response to In It to Win It (Original post)

Tue Jan 24, 2023, 10:43 PM

3. and the WAR ON WOMEN continues apace. Would you consider cross-posting this in

Women's Rights And Issues? Thanks in advance.

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Response to In It to Win It (Original post)

Tue Jan 24, 2023, 10:54 PM

4. Arizona currently allows abortions up to 15 weeks.

Genetic abnormality or not, that is the law, correct?

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Response to Freethinker65 (Reply #4)

Tue Jan 24, 2023, 11:15 PM

5. I believe so but

I think the problem is that some abnormalities aren't known or detected until after the 15 week mark.

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Response to In It to Win It (Reply #5)

Tue Jan 24, 2023, 11:20 PM

6. Yes thats correct

That’s why many right wingers are somewhat okay with the 15 week limit.

But for sure if you have a special needs kid they will be nowhere to be seen.

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Response to In It to Win It (Original post)

Tue Jan 24, 2023, 11:25 PM

7. The unmitigated cruelty. Think of Tay-Sachs...

“Pro-life” is a monstrous lie.

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Response to In It to Win It (Original post)

Wed Jan 25, 2023, 12:58 AM

9. Will the State cover

the medial bills those babies and families incur? Many babies will live only a few hours to a few weeks. The hospital bills will be gigantic.
Let’s ruin some more families so white men can be righteous.

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Response to BittyJenkins (Reply #9)

Wed Jan 25, 2023, 08:20 AM

10. yup. should make them provide child care. this is fucked up.

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