581 Comments

How revealing it is to read the historical context for this decision, which is abominable. It makes a mockery of not just Arizona but the nation and what it’s become.

On the bright side, the decision makes it more likely that democracy will win in November.

Expand full comment

Heather, your writing here is exceptional! I especially appreciate the detailed research you've judiciously set forth regarding the background of these primitive "laws." How the highest court in Arizona could hold that these "laws" could in any way be relevant to or representative of the wishes of the people of Arizona is beyond my comprehension.

Expand full comment

LFAA, and Dr. Richardson herself, are treasures. Today's post provides detailed, reliable, fully cited information concerning the origin of the 1864 law that the AZ Supreme Court just brought back from the dead. Dr. Richardson places this information in its contemporary historical context and makes relevant connections to our current situation. All done in one day. This is very impressive work. It fills the holes in the MSM accounts of this decision that I've been reading on and off all day. It becomes clearer to me with every passing day that my subscription to this substack represents the best value I have received for my money in years. Well done, Dr. Richardson, and thank you.

Expand full comment

In 1864, Semmelweis was ridiculed by fellow doctors when he washed his hands between the morgue and delivering babies to prevent fatal “childbirth fever”. We didn’t understand mitoses and mitochondria or the placenta then. Doctors didn’t wear sterile surgical gloves or sterilize instruments either. This is where Republicans want us to be medically for women’s health. I wonder if they feel that way about their “limp dick” and their boner pills they get through the mail (Comstock law)? This is insanity. A true WTF time if there ever was one. Also remember the one man who wrote this law was making it up as he went. Vote Democratic for everything. Vote these fruitcakes out of office.

Expand full comment

Hold Arizona Republicans accountable for their abortion ban: Start with this interactive map of the AZ Congressional races, the two State Supreme Court justices up for re-election and details on the Arizona ballot measure to enshrine the right to an abortion in the constitution.

https://thedemlabs.org/2024/04/09/hold-arizona-republicans-accountable-for-their-abortion-ban-start-with-this-map/

Expand full comment

A lesson in history that I will share with many friends. Already, many AZ Republicans have spoken in opposition to this ruling by their Supreme Court. The writing on the wall is very clear. This ballot measure will be an easy "get out the vote" rallying cry for the Dems in AZ. I hope that a resounding win for the ballot initiative will prompt other states denying women's reproductive rights will be a. catalyst for similar ballot initiatives in red states around the country.

Expand full comment

There is no other area of medical care as understood in the 1860s that would (let alone should) be acceptable to anyone. Germ theory was in its infancy, genetics was unknown, anesthesia consisted of ether or chloroform, there were no blood transfusions, antibiotics, radiography, or electrocardiography, etc. To apply this zombie law in the 21st century has nothing to do with health care. It is about control and subjugation of women.

Expand full comment
Apr 10·edited Apr 10

BARBARIANS AT THE GATE OF AMERICA’S SOUL

Heather, warm thanks for your insightful history lesson of how one man, in 1864, crafted a plethora of laws in Arizona (decades before statehood) that are now being used to block abortions in 2024.

This is such an absurd image that it clearly fits into Trump’s bizarre world of unChristianity.

1864 was also the year that the North dominated the South in the Civil War. This led to the re-election of Abraham Lincoln, the 13th, 14th, and 15th Amendments and the reunification of our country.

I consider 2024 another watershed year in American history. There are various issues that trigger this political Armageddon:

1) Abortion—this basic women’s right is a federal issue that is being challenged in a number of states;

2) Justice and the Constitution—if we are not a constitutional democracy in which justice is meted out equally on all citizens, what are we?

3) The soul of America in which the decency that has evolved over nearly 250 years is reaffirmed;

4) Core principles by which we support, with like-minded countries, the sovereignty of countries like Ukraine that have been invaded;

5). A country dedicated to serving the needs of a great majority of its citizens rather than a few fat cats; and

6) A country in which we celebrate rather than denigrate diversity.

At 90, I find my country in its greatest crisis in my lifetime—far greater than World War II and the Cold War.

My instinct is that the goodness of America will prevail and that Biden will Trump his predecessor in November. This clearly is not a certainty.

With Heather’s banner to inspire us, let’s make this happen.

Expand full comment

Truly sad that yet another small group of extremist partisan hacks choose to inflict their warped worldview on the people of Az. In the style of the partisan hacks in the majority in the Robert’s kangaroo court, they invented excuses to ignore the 2022 law in favor of one from 1864.

Az. needs an epic turnout to not only overwhelming approve the initiative protecting reproductive care, but also throwing out the GQP scum in the state legislature. They will have to overcome both aggressive gerrymandering and voter suppression.

Expand full comment

The long-ago AZ legislature that forbid abortions for women also okayed sex for 10-year-old-girls?

That's about the logical relationship between power-hungry bodies of mostly men or all men.

Any time you get certain types of people in control, categorical thinking prevails. Thus, that all-male Arizona legislature of 1864 would stiff women to control their personal lives -- but leave doors open for luscious pre-teens to be available to sugar daddies. But these same men (all white) of course are going to stiff all non-whites, too.

In our time, when the medieval Clarence court wants to let states anew control women, and wants to let states gerrymander or otherwise cut off people of color from voting, of course, too, they look with favor upon anything that will bulk up the billionaire classes.

When medieval courts like Clarence's rule for the rich, and against women, and against people of color, they're not just letting obtuse, categorical abstractions dominate -- they're killing democracy.

Democracy depends on a society whose free press and free public schools uphold all the ways we might have to see and respect others as individuals all different in different ways from us. A national government can guarantee freedoms and rights -- and do that, as Lincoln saw, also by public programs to level playing fields. Public programs in transportation, health, worker safety, and environmental protections highly included.

Heather's "How the South Won the Civil War" reminds us how the worst attitudes from 1864 have come to the fore again. No longer "This land is your land, this land is my land."

Ask Clarence.

Expand full comment

"It seems likely that voters will turn out in November to elect lawmakers who will represent the actual will of the people in the twenty-first century."

My hope is that such a revolution will finally happen on many issues, once the rights of women to choose break open the gates.

Expand full comment

The Arizona laws written by only one man, Howell, and adopted in 1864 by just 27 men were barbaric then, but 4 members of the current AZ Supreme Court decided that those laws are just wonderful and should remain in effect. Absolutely disgusting. Thank you, Heather, for providing the full context of the origin of this decision.

Expand full comment

What more can they possibly do to piss off every reasonably self-aware woman in the US?

I applaud those brave women who decide to remain in Arizona long enough to cast their votes en masse, but if it was me I'd vote with my feet and get out of there just as fast as I could.

Expand full comment

This is yet another treasure writing of Professor. She must publish a book on HCR Moments of American Democracy. The book will educate informed voters to sustain and enhance Democracy in America and the World. Thank you Professor.

Expand full comment

Thank you Professor Richardson.

While Heritage Foundation didn't exist in 1864 and the 27 men comprising the Arizona legislature didn't have the 'benefit' of Project 2025 I'm certain some of the extremists who contributed to Project 2025 are inspired and envious of the Arizona law.

Expand full comment

Well, that's what happens when you pull too hard on the thread of democracy. If there's anything that I've learned in 45 years of marriage, it's that you should never argue with an angry woman. Guys, we are now surrounded by women filled with righteous anger. My advice is to listen to them, and understand their wisdom, and resist the urge to judge them. Don't make excuses. Find your understanding and kindness. Cooperate with them, and we can rebuild what has been lost. We will all be better for it.

Expand full comment