Wednesday, April 10, 2024

Since The Arizona Supreme Court…

...can’t reinstate Roe based on the Arizona Constitution (admittedly a presumption on my part), and since the AZ Legislature explicitly declined to repeal the 19th century statute when it passed the statute reactivated by Dobbs (and part of this ruling), the AZ Supreme Court really had no choice but to go back to this ill-advised statute.

Which is where we are going nationally if Alito & Co. decide to repeal Griswold and a few other rulings (who am I, Steve Vladeck?) and allow the Comstock Act to return to business.

(Pro-tip: statutes don’t expire. The “Bill of Rights,” after all, dates back to the 18th century. If they aren’t repealed by legislative action, they are recalled to life by court decisions, because they were only buried by court action.)

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