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 University’s Sandra Day O’Connor College of Law. “We saw this in Alabama with the IVF decision,” she said, “and now we’re seeing it in Arizona.”
Multiple Republicans have criticized the Arizona high court’s decision on the 1864 law, which allows abortion only to save a pregnant woman’s 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 bench’s 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.”
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 state’s 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 court’s abortion decision, Keith said, “I suspect there aren’t 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 state’s 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 court’s 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 Florida’s 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 I’m looking for?”
Reprinted with permission from Daily Kos.
How The Right Is Turning ‘Political Correctness’ Into Another Tool Of The 1 Percent
You may have noticed that when the right isn’t busy being outraged at the left for being outraged by comments by Republican reality stars, radio hosts and elected officials, they’re busy being outraged at the left for “offensive” comments about Republicans.
The current target is MSNBC’s Melissa Harris-Perry, who featured a brief segment on her show last weekend with panelists joking about Mitt Romney’s black grandchild. This was an issue so urgent, apparently, that Republican National Committee chairman Reince Priebus felt the need to demand an apology from the host just hours after the story broke.
While Republicans spent most of the last few decades being revolted by the idea of “political correctness,” there is now a conscious effort on the right to set the terms of discourse and play the role of the offended victim, whenever doing so is convenient. Then, just as quickly, conservatives will switch back to defending outrageous comments from the right and attacking “PC” thought by framing themselves as the defenders of free speech.
“Political correctness” is a term that — if you believe Wikipedia — originated in the Stalin-era USSR to describe acceptable thought to the regime. In the ’90s it became an epithet the right used to describe the intolerance of left-wing academic thought as progressives tried to reshape society to protect and encourage those who have been historically discriminated against. The great educator Herbert Kohl pointed out that the smear was meant “to insinuate that egalitarian democratic ideas are actually authoritarian, orthodox and Communist-influenced, when they oppose the right of people to be racist, sexist, and homophobic.”
The idea that rich, powerful people need to be protected from both bullying and the consequences of bullying comments often targeting minorities requires an agility and intellectual dishonesty that has been perfected by the right-wing media and spread to the movement’s more outlandish politicians, who thrive on the perpetual outrage of the Tea Party movement.
The perfect example of this is, of course, Sarah Palin. In 2009, she encouraged conservatives to “screw the political correctness.” A few months later she was demanding that President Obama’s chief of staff Rahm Emanuel be fired for allegedly using the word “retarded” in a meeting.
The right is investing in the outrage industry. Fox News is the Standard Oil of outrage, but a new breed of organization, born and thriving in social media, is designed to gin up and sustain outrage by using features unique to online marketing.
Ben Shapiro, who some call the right’s next Andrew Breitbart, is the face of a new venture called TruthRevolt, which is funded by The David Horowitz Freedom Center.
“The media must be destroyed where they stand,” its mission statement reads. “That is our mission at TruthRevolt. The goal of TruthRevolt is simple: unmask leftists in the media for who they are, destroy their credibility with the American public, and devastate their funding bases.”
The group’s blog is updated several times a day with stories that reinforce the right-wing worldview and fume at those who say things they disagree with. Additionally petitions help the site build its mailing list with campaigns against villains who refuse to honor “religious liberty” by expecting reality stars not to say things like homosexuality leads to bestiality.
TruthRevolt is a new project and characteristic of Shapiro’s desire to “fight fire with fire” and by using a tactic the right used to decry.
Twitchy — which was started by the Pope of Outrage Michelle Malkin and was recently purchased by the owners of Town Hall — is apparently trying to fight fire with a mob wielding digital torches.
After Melissa Harris-Perry gave in to the demands to apologize for the segment on her show, Twitchy decided the apology didn’t count because it was tweeted with a hashtag. What would the Founders think?
Being mentioned on Twitchy doesn’t just make you the target of vague scorn. It’s a batsignal to the right wing that you need to be attacked directly. Active Twitter users who have been vilified by the site are likely to see abusive mentions for days.
Perry, who is the product of an interracial relationship, is primarily a target because she’s on (slightly) left-leaning MSNBC. The right is in the process of racking up scalps from the news network.
Now-former MSNBC host Martin Bashir responded to Sarah Palin’s comparison of debt to slavery by describing a practice in which slaveowner Thomas Thistlewood forced one slave to defecate in another’s mouth as punishment. He concluded his point by saying, “She confirms if anyone’s truly qualified for a dose of discipline from Thomas Thistlewood, she would be the outstanding candidate.”
The right wing went into outrage overdrive to condemn the host, who apologized twice before leaving his job, likely involuntarily. Bashir suffered from a lack of a political base—and the fact that his indefensible comments involved human waste and a woman’s mouth.
“My role is to accept his apology and be humble enough to accept it and move on,” the ever-humble Palin said on Fox News. “But I just hope that unprovoked attacks like that don’t result in people being hesitant to jump in the arena anyway.”
A few weeks later, Palin was defending the “free speech” of a guy who suggested homosexuality could lead to sex with animals.
The former Republican nominee for vice president is worried about those who might be hesitant to speak out in favor of policies that benefit the rich and enforce historic discrimination. But she’s not as concerned about a gay teen who may be hesitant to go on living because his desires make him someone society is encouraged to despise.
Photo: Gage Skidmore via Flickr