Abortion case could cost judges their jobs for ruling correctly

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The uproar over the Arizona Supreme Court’s decision this past April to uphold the state’s 1864 abortion law has laid bare a profound misunderstanding of the judiciary’s role in our democracy. In April, the court ruled 4-2 (with one justice recused) that the old law’s complete ban on abortion, enacted when Arizona was still a territory, sprang back into place once the U.S. Supreme Court overturned Roe v. Wade in its June 2022 Dobbs decision. A 15-week restriction that the state legislature passed just ahead of that federal ruling didn’t supersede that earlier law, the state court found, using legal reasoning that wouldn’t have been remotely controversial if the underlying case had been about, say, insurance contracts. 

The majority relied on clear language in the 2022 law saying that

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