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Health

Appeals Court Strikes Down Arizona’s 20-Week Abortion Ban

On Tuesday, the U.S. Court of Appeals for the Ninth Circuit permanently struck down Arizona’s “fetal pain” law that would have criminalized abortion services after 20 weeks of pregnancy. The panel of judges determined that the 20-week ban is unconstitutional under Roe v. Wade, which guarantees the right to legal abortion until the point of viability at about 24 weeks of pregnancy.

Representatives from the American Civil Liberties Union and the Center for Reproductive Rights, who filed the lawsuit against the 20-week ban, praised the judges’ decision. “We’re glad the court has reaffirmed that states cannot place unlawful burdens on a woman’s right to access safe reproductive health care,” Talcott Camp, the deputy director of ACLU’s Reproductive Freedom Project, said in a statement. Nancy Northrup, the president of the Center for Reproductive Rights, called the decision a “huge victory in the fight to protect women’s fundamental reproductive rights,” and noted that the Ninth Circuit’s decision should send a clear message to the other states that are attempting to limit abortion access before the point of viability.

Indeed, Arizona’s “fetal pain” measure — based on the scientifically-disputed notion that fetuses can feel pain after 20 weeks — is just one of several similar pieces of legislation to land in court. 20-week bans in Idaho and Georgia have also been blocked under the same constitutional logic. Arizona’s own law has actually been blocked since August, when the appeals court issued a temporary injunction right before the law was scheduled to take effect.

Imposing fetal pain measures is a popular anti-choice tactic to effectively chip away at Roe and narrow the window in which women may access legal abortion. Bans on late-term abortions are an especially big anti-choice priority right now, as abortion opponents attempt to capitalize on the high-profile case of illegal abortion provider Kermit Gosnell to misconstrue all later abortions as dangerous procedures. Just this week, Arizona Rep. Trent Franks (R), who has repeatedly attempted to impose a 20-week abortion ban on the District of Columbia, announced his intention to amend his legislation to push for a nationwide restriction.

When Arizona first passed its fetal pain law, it represented the most stringent abortion ban in the nation. Since the state defined gestation differently than other states, calculating from the moment of the woman’s missed period, the law could have potentially cut off legal abortion services at just 18 weeks of pregnancy. However, since Arizona first passed that piece of legislation last March, states have moved the goalposts even further. Arkansas banned abortions after 12 weeks, and North Dakota placed the cut-off at just six weeks of pregnancy.

Politics

Rewriting History: GOP Senator Pretends He Voted For Expanded Background Checks

On his Facebook page Friday, Sen. Jeff Flake (R-AZ) denied he ever voted against strengthened background checks amid blacklash over his opposition to the bipartisan Manchey-Toomey background checks amendment.

Flake used his vote for a watered-down amendment offered by Sen. Chuck Grassley (R-IA) to argue that he voted to expand background checks. In reality, the amendment would do little to expand background checks and in fact would weaken gun safety laws. Flake made the comments in response to an ad criticizing his opposition to Manchin-Toomey:

If you are anywhere close to a television set in Arizona in the coming days, you’ll likely see an ad about gun control financed by NYC Mayor Bloomberg.

Contrary to the ad, I did vote to strengthen background checks. I voted for the bipartisan Grassley Amendment, which included language from a bill I helped write which strengthened background checks for those with mental illness. The Grassley amendment also included language to increase prosecution of criminals and fugitives who circumvent the current background check system.

Mayor Bloomberg can spend millions trying to get me to support his view of background checks. That’s his call. But we Arizonans aren’t easily bullied. The legislation that would have done the most to keep guns out of the hands of those who shouldn’t have them was the Grassley Amendment. And that’s the amendment I supported.

Flake has misrepresented his position on gun violence before. He once wrote to the mother of an Aurora shooting victim that “Strengthening background checks is something we agree on.” However, a month later, Flake voted against the Manchin-Toomey amendment to expand background checks.

What Flake voted for was a plan that would weaken gun laws by making it easier to buy and transport across state lines, helping people evade stricter laws. The central solution Flake cites from the Grassley plan — that states would share their mental health records and provides more prosecution of felons who seek guns — is only one step. It still does nothing to prevent people who take advantage of existing holes in the first place, like online sales. The Grassley amendment also would make it easier for some mentally ill people to obtain guns, by exempting patients who are involuntarily committed.

After his vote, Flake saw his approval rating tank. “Nothing like waking up to a poll saying you’re the nation’s least popular senator,” Flake wrote. “Given the public’s dim view of Congress in general, that probably puts me somewhere just below pond scum.” Flake’s colleague Sen. Kelly Ayotte (R-NH) is facing similar fire from constituents for her vote with the National Rifle Association.

Justice

Judge Suggests He Will Strike Down Arizona Discrimination Against Many Immigrant Drivers

After President Obama opened the door to temporary legal status for more than a million young immigrants who came to the United States as children, Arizona and other states imposed their own hurdles to these deferred action beneficiaries living and working in the United States as the policy intended. On Thursday, a federal judge suggested he would likely find unconstitutional an Arizona policy denying driver’s licenses to these Deferred Action for Childhood Arrivals beneficiaries. In a ruling declining to temporarily block Gov. Jan Brewer’s policy pending trial, U.S. District Judge David G. Campbell — a George W. Bush appointee and former clerk to the late conservative Justice Williams Rehnquist — said there is likely no rational justification for Brewer flouting federal immigration policy and treating deferred action beneficiaries differently than all other temporary legal residents:

The Governor’s disagreement with the DACA program may be a rational political or policy view in the broad sense – reasonable people certainly can disagree on an issue as complex and difficult as immigration – but it provides no justification for saying that an Arizona driver’s license may be issued to one person who has been permitted to remain temporarily in the country on deferred action status – say for an individual humanitarian reason – while another person who has been permitted to remain temporarily in the country on deferred action status under the DACA program is denied a license. … The Governor’s political disagreement with the DACA program as “backdoor amnesty” does not change the fact that both individuals have been allowed by the federal government to live and work here, nor does it identify a reason that one of the individuals presents less of a driver’s-license-related risk to the State.

The DACA program was intended to give young undocumented immigrants access to legal employment while they remain in the country, but depriving these beneficiaries of driver’s licenses of and other basic government services imposes major obstacles to achieving that goal. This hostility toward federal immigration policy should come as no surprise from the state that brought us SB 1070 and other discriminatory immigration laws, many parts of which have already been struck down by courts.

In opting not to block Brewer’s policy pending trial, Judge Campbell reasoned that the plaintiffs were not suffering irreparable harm, because most of them either continued to drive without a license out of necessity, or had other means of transportation. But this does not mitigate the risk that these immigrants incur every day they drive without a license, nor the public safety risks and hundreds of millions of dollars in insurance claims costs imposed by uninsured drivers. These factors will likely be a consideration in a final ruling by Campbell, and he appears poised to find Arizona’s policy a violation of the Constitution’s Equal Protection Clause. Campbell also rejected the state’s motion to dismiss the case.

LGBT

POLL: Majority Of Arizonans Support Marriage Equality

A new Rocky Mountain Poll released today shows that a majority of Arizona voters support marriage equality — and by a significant margin. According to the survey, 55 percent support the freedom to marry and only 35 percent opposed it. Even among voters over the age of 54, a 46 percent plurality favor the change while 40 percent oppose it. As in other polls, certain groups favored it at higher rates, including Latinos (75 percent), Democrats (70 percent), those under the age of 35 (67 percent), Moderates/Independents (64 percent), and women (60 percent).

Last November, 22-year-old activist Tanner Pritts announced an effort to repeal Arizona’s constitutional amendment banning same-sex marriage, but it doesn’t seem to have taken off. Recently, the town of Bisbee established civil unions for same-sex couples, and the city of Tempe may attempt to do the same.

Immigration

Migrant Death Tracker App May Have Unintended Consequence

(Credit: Mother Jones)

Since 2001, over 2,100 migrants have died trying to cross through the Sonoran Desert in southern Arizona. On Monday, the Pima County medical examiner’s office and the human rights group Humane Borders jointly unveiled “The Arizona OpenGIS Initiative for Deceased Migrants,” which is a virtual system that would allow the geographic tracking of desert migrant deaths. The application serves to help family members know the grim circumstance surrounding missing border-crossing relatives. Once deceased relatives are located and identified, family members can collect the remains.

Because migration patterns change for human “coyotes” who bring migrants into the United States, this application has far-reaching consequences. Updated quarterly every year, the system will guide humanitarian organizations to know where to leave aid packages such as water at established routes.

But at the same time, this tracking system may be used by anti-immigrant citizen vigilantes like the Minutemen seeking to secure weak border points. Mother Jones’ Tim Murphy points out that migrant deaths have doubled since 2011 since more border enforcement resources have forced migrants to rely on smugglers. Preying on desperate migrants, smugglers have seized the opportunity to offer a way around secure border points by using boats and trucks, many times with disastrous results. Unfortunately, this grim measure of border security based on border deaths may simultaneously create more secure borders, but at the cost of having more border deaths.

Health

West Virginia Accepts Medicaid Expansion As Time Runs Out For Other Highly-Uninsured States

Gov. Earl Ray Tomblin (D-WV) (Credit: Raw Story)

West Virginia Gov. Earl Ray Tomblin (D) announced in a press conference on Thursday that his state would take part in Obamacare’s optional Medicaid expansion, calling the decision “the best choice for West Virginia.” But many states still remain up in the air with their decisions, either because they haven’t decided yet or because state executives and legislators are at odds with each other on the issue — and time is running out.

Speaking at St. Francis hospital and flanked by nurses, doctors, and hospital administrators, Tomblin laid out the medical and financial case for expanding Medicaid eligibility — a conclusion that he reached after commissioning a study to examine such a move’s effects on West Virginia. “Expansion will allow us to provide insurance coverage to 91,500 West Virginians,” said Tomblin.

Indeed, West Virginia has much to gain and very little to lose by embracing the Obamacare provision. The state has abysmal health demographics, and over half of West Virginia’s uninsured population lives below 138 percent of the Federal Poverty Level (FPL). These poor and vulnerable populations would gain access to health coverage under the Medicaid expansion, leading the Kaiser Family Foundation to conclude that expansion will reduce the number of uninsured West Virginians by a staggering 67 percent.

Those numbers likely led Tomblin to his decision. But the moderate Democrat has an advantage that governors of other conservative — and highly uninsured — states don’t: the almost assured support of his legislature. Democrats hold a supermajority in the state Senate and an eight seat edge in the House of Delegates, and both of West Virginia’s U.S. senators also support expanding Medicaid, making intraparty barriers unlikely.

The same cannot be said of Republican Govs. Jan Brewer (AZ) and Rick Scott (FL), who have been lobbying for Medicaid expansion after intense pressure from hospital associations and advocates for the poor. Their Republican-controlled state legislatures have been bending over backwards to stop it from happening. Although there is no hard deadline for expanding Medicaid under Obamacare, many of these states’ legislative sessions are quickly coming to an end — meaning that if no agreement is reached soon, they won’t receive the additional federal funds and won’t be able to extend coverage to low-income residents for at least the first full year of Obamacare implementation.

Texas and Louisiana face similar issues. Although some GOP lawmakers in those states are contemplating Arkansas Gov. Mike Beebe’s (D) alternative “private option” — which would take federal money and use it to help an expanded Medicaid pool buy private insurance — those efforts also remain in limbo, as former and current Republican presidential aspirants Govs. Rick Perry (TX) and Bobby Jindal (LA) have oscillated between flat-out rejecting expansion and being coy about their intentions.

Read more

Justice

New Arizona Law Requires All Buyback Guns To Go Back To Market

Under a new law in Arizona, local officials will be required to put guns that may have been used in crimes back onto the market. On Monday night, Arizona Gov. Jan Brewer (R) signed a bill that makes it illegal for Arizona municipalities to destroy the weapons that they collect at gun buybacks — events where people can turn in their firearms, no questions asked, in exchange for money or gift cards. Instead, government officials must resell those weapons.

The law is a brainchild of the National Rifle Association, which tried to garner support for the measure by asserting that the government has a secret agenda of confiscating and destroying citizens’ weapons:

One of the letters in support was from the National Rifle Association, which argued that selling seized or forfeited guns “would maintain their value, and their sale to the public would help recover public funds.” The NRA letter said the bill doesn’t prevent a private group from holding an event and destroying the weapons.

“However, this measure would ensure that taxpayer resources are not utilized to pursue a political agenda of destroying firearms,” according to the letter, sent April 22 and signed by Brent Gardner with the NRA’s Institute for Legislative Action.

Under Arizona’s law, municipalities must use their profits from the sale of bought back guns to pay for their budgets. It’s not clear what would happen if an illegal weapon — like the missile launcher found in Seattle — turned up at a buyback.

Guns seized in government buybacks have been later traced back to crimes, including the weapon used by the Pentagon Shooter. In that case, Tennessee officials (that state has a law similar to Arizona’s) sold back a gun in 2005 that was later traded to a gun dealer, then used in a crime. Another crime gun used in a Las Vegas Courthouse shooting followed a similar trajectory from government to criminal hands.

Justice

Arizona County Spends Millions To Settle Corruption Allegations Against Infamous Sheriff, Disbarred Gubernatorial Candidate

Sheriff Joe Arpaio

The county that hosts the self-professed “toughest sheriff in America” settled yet another lawsuit for $1.4 million last week. In sum, Arizona’s Maricopa County has now paid at least $4.2 million to settle nine lawsuits alleging corrupt investigations by Sheriff Joe Arpaio and former County Attorney Andrew Thomas. “Those totals do not include millions of dollars more in attorneys’ fees for the plaintiffs and costs to defend the county against the lawsuit,” according to the Arizona Republic.

The settlements arise out of search warrants and criminal charges against city players, including judges, considered “political enemies” of Thomas and Arpaio. Thomas was disbarred in April for abusing his prosecutorial powers, as the disciplinary panel called his collaboration with Arpaio an “unholy alliance.” But Arpaio, known for his flagrant anti-Latino practices and misuse of government funds, remains the county sheriff, in spite of a close election this November, and an ongoing movement to hold a recall election, which may face procedural obstacles. The corruption lawsuits are just one category of litigation launched against Arpaio, whose latest initiatives have included arming deputies with automatic weapons to prevent so-called “illegals” from escaping, and developing an armed “posse” to patrol schools that includes actor Steven Seagal. Others allege denial of an inmate’s medicine that caused her death, racial profiling, and grievous practices against Latinos.

Thomas, meanwhile, announced last week he will run for Governor, committing to protect public safety, ensure border security, and fight corruption. The Phoenix News Times is taking a poll to see who has a better chance of winning: Thomas or Clifford the Big Red Dog.

Health

University Of Arizona Student Tells Women: ‘You Deserve Rape’

courtesy of Ryan Revock and the Arizona Daily Wildcat

A University of Arizona student sparked outrage on Tuesday for preaching against women while holding a sign proclaiming, “You deserve rape.”

Dean Saxton, a junior, is notorious for giving inflammatory sermons in the middle of campus. This time, he argued that women are responsible for their rapes because of the way they dress and act. Saxton’s stunt may have been planned in response to the “Take Back the Night” protest against sexual violence scheduled Tuesday night.

Saxton cut right to the chase, bluntly stating that girls who dress like “a whore” have it coming:

Saxton, a junior studying classics and religious studies, said his sermon was meant to convey that “if you dress like a whore, act like a whore, you’re probably going to get raped.”

“I think that girls that dress and act like it,” Saxton said, “they should realize that they do have partial responsibility, because I believe that they’re pretty much asking for it.”

According to the Daily Wildcat, the Dean of Students received “stacks of written complaints, emails and multiple phone calls regarding Saxton’s sermon about women.” Many students directly confronted Saxton, even trying to pull down his sign. Saxton embraced the attention on his Twitter account, posting a screenshot of an article about the Take Back the Night with the comment, “The whores are out.” In other sermons, Saxton has cursed people who are gay, have pre-marital sex, masturbate or have lustful thoughts. His Twitter account is rife with anti-Muslim sentiment, as well; last month he tweeted, “There will come a time when the sword will be put to the heathen.”

However hateful his speech may be, university attorneys told angry students that Saxton is exercising his right to free speech, and has yet to violate the student code of conduct.

While Saxton’s language is more incendiary than the norm, victim-blaming is very much a mainstream habit. The string of recently publicized rapes of high school and college students have exposed how communities shame victims rather than condemn the perpetrators. Dartmouth College is currently dealing with a similar backlash to anti-sexual violence protesters, who received rape and death threats amid a slew of misogynistic and ignorant comments posted online.

University of Arizona, while hardly condoning Saxton’s extremist display, has struggled with its own rape culture. Last year, fraternity brothers were indicted for sexual abuse, sexual assault and kidnapping of another UA student, but the charges were later dismissed. Many other students have reported abuse — 29 reports of sexual abuse and 53 reports of rape in one year — to the on-campus sexual assault crisis center.

Justice

Arizona Lawmakers Mandate Cities Resell Guns From Buyback Program

The Tucson, Arizona Police Department held a gun buyback on the anniversary of the 2011 Tucson mass shooting, with the intention of melting down the 200-plus firearms they received. But now the National Rifle Association, which vowed to put a stop to it, appears poised to get its wish. The Arizona Senate approved a measure 18-12 that prevents local municipalities from destroying the firearms, following the House’s action earlier this year.

State Sen. Rick Murphy (R) said gun buybacks “accomplish nothing other than make people feel good,” and the measure is about “protecting taxpayers.” NRA board member and lobbyist Todd Rathner made a similar claim in January that local government must sell seized or abandoned property according to state law.

Sen. Judy Burges’s (R) concern is that gun buybacks create more “predators”:

“Unfortunately, murder, violence and insanity are built in to the human condition and likely always will be,” she said.

Limiting weapons ignores another fact, she said: “There are two types of animals: predators and prey. “When we take away individuals’ right to defend themselves, we create more predators.”

Meanwhile, one gun group, the Armed Citizen Project, has offered to “take back” the city by handing out free shot guns and ammunition to Tucson residents.

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