Latest from AZ Law - Page 2

(UPDATE: Maricopa County Supervisor Clint Hickman has been identified as the victim of the threats. Here is the full statement from Hickman this afternoon:”I remember exactly where I was when I heard that voicemail.  It was chilling.  This wasn’t a prank call.  This wasn’t protected speech.  This was a serious threat to me and my family.  I’m grateful to the Department of Justice and the FBI for taking this case seriously and making an arrest, and I’m pleased the U.S. Attorney General has set up a task force to address increased threats of violence to election workers and elected officials.  I
Continue Reading BREAKING: Iowa Election Denier Arrested/Indicted For Twice Threatening To "Lynch" Maricopa County Election Official, Arizona AG official (ARIZONA'S LEGAL SHORTS)

2pm: BREAKING: Planned Parenthood Files Emergency Motion To Stop “ongoing harm caused by the legal limbo of abortion in Arizona” Planned Parenthood filed an emergency motion this afternoon to stop the “ongoing harm caused by the legal limbo of abortion in Arizona”. On September 23, Pima County Superior Court Judge Kellie Johnson reinstated the abortion ban that had been on Arizona’s books since 1864. Last week, she refused to put a hold on it pending appeal. So, today’s emergency motion for a pause asks the Arizona Court of Appeals (Division 2) to pause the ban while it considers the conflicting jumble
Continue Reading BREAKING: Planned Parenthood Files Emergency Motion To Stop 1864 Abortion Ban and "ongoing harm caused by the legal limbo of abortion in Arizona" (READ Motion) (ARIZONA'S LEGAL SHORTS)

 Abortion providers and advocates – and, their attorneys – continue to press multiple judges to help untangle the knot of overlapping abortion bans created in the wake of the U.S. Supreme Court’s Dobbs decision. Today, providers filed a Supplemental Brief explaining why last Friday’s renewed 1864 abortion ban means that the 2021 partial ban needs to be stopped.This 2016 editorial cartoon should be updated to reflect AZ’s current situationU.S. District Judge Douglas Rayes asked for the new briefings from both sides in light of the Pima County Superior Court decision putting the pre-Roe near-total ban back on the
Continue Reading UPDATE – TRYING TO UNTANGLE ARIZONA'S ABORTION KNOT: Doctors Tell Judge Why Arizona's 2021 Abortion Ban Must Be Stopped In Light Of Renewed 1864 Ban (READ Motion)

 A Pima County Superior Court Judge today put Arizona’s Territorial-Era abortion ban back into effect, further muddying the reproductive rights of Arizonans following the Supreme Court’s scuttling of Roe v. Wade.Today’s decision grants relief from the 1973, post-Roe decision enjoining the ban (which dates back to 1864). Judge Kellie Johnson determined that she had to grant relief from that 1973 judgment – the parties all agreed that the Dobbs decision was a significant change of law warranting relief.However, the parties did not agree on what she should do after granting relief. Current Attorney General Mark Brnovich had argued
Continue Reading Pima County Judge Puts Arizona's Territorial-Era Abortion Ban Back Into Play, Invites Planned Parenthood To Amend 1973 Complaint (READ Decision)

Utility magnate George Johnson thought he had bought political influence when he included gubernatorial advisor/Maricopa Supervisor/friend Andy Kunasek in a multi-million dollar trust. Instead, it will cost him $21M.When Kunasek declined to intervene in an Arizona environmental investigation for him, Johnson stripped the trust to punish Kunasek.Kunasek won a jury verdict for $10.5M in compensation damages, plus an additional $10.5M in punitive damages. Yesterday, the Arizona Court of Appeals AFFIRMED the judgment.Kunasek, a Republican Supervisor until 2016, was also an advisor to Governor Jan Brewer. Shortly after Johnson set up the trust, he asked Kunasek to help quash a
Continue Reading NEW: $21M Jury Verdict For Former Gubernatorial Advisor Kunasek UPHELD By Appeals Court (READ Opinion)

The House’s January 6th Select Committee won a victory tonight when an Arizona judge tonight DISMISSED a case filed by AZGOP Chair Kelli Ward and husband/fake elector Michael Ward to block a subpoena of their cellphone records from T-Mobile.The Committee sought information as to whom the Wards had communicated with during the period when Arizona Republicans were planning to convene their slate of electors to support the contention that Donald Trump may have won Arizona’s electoral votes. The case to block the subpoena was filed in February.U.S. District Judge Diane Humetewa determined that the Wards did not prove that
Continue Reading BREAKING: Kelli Ward Case To Block Jan. 6 Committee Subpoena of Phone Records Is DISMISSED (READ Order Dismissing)

 The Arizona Supreme Court today released its more complete reasoning in why it previously ordered the Stop Dark Money initiative to be placed on this November’s ballot (as Prop. 211).In late August, just before ballot printing was to begin, the Court ruled that citizens’ initiatives Stop Dark Money (aka Voters’ Right To Know Act) and the Predatory Debt Collection Protection Act (Prop. 209) could be placed on the ballot. As is typical in these expedited election appeals, the Court promised full written opinions were to follow.Today’s Opinion, written by Vice Chief Justice Ann Timmer and agreed to by all
Continue Reading NEW: "A Bar Too High": AZ Supreme Court Expands On Why It Didn't Kick Off Stop Dark Money (Prop. 211) Initiative (READ Opinion)

 Although the judge dismissed it for multiple reasons, candidates Kari Lake and Mark Finchem are appealing and asking the Ninth Circuit to reinstate their case to require a hand count of this coming election’s ballots. Lake and Finchem filed a Notice of Appeal this afternoon. On August 26, U.S. District Court Judge John Tuchi dismissed the entire case, determining that “Plaintiffs lack standing because they have articulated only conjectural allegations of potential injuries that are in any event barred by the Eleventh Amendment, and seek relief that the Court cannot grant under the Purcell principle.”The Purcell principle – U.S.
Continue Reading BREAKING: Kari Lake/Mark Finchem APPEAL Dismissal Of Their Quixotic Suit To Require Hand Count Of Ballots

The Arizona Supreme Court has DISMISSED the latest attempt to “decertify” Arizona’s 2020 Presidential election and to re-run it. The 4th attempt by “We the People” individuals to take their case directly to the state’s highest court was rejected the week after it was filed.The Order is authored by Duty Justice Ann Timmer, but she notes that the entire court “observes that Petitioners have cited no authority for the proposition that they or anyone else may overturn the Arizona statutes that govern both the conduct of elections and the challenges to the results of such elections. Likewise, they cannot
Continue Reading BREAKING (BUT NOT SURPRISING): Demand To RE-RUN AZ's 2020 Presidential Election REJECTED By AZ Supreme Court (READ Order, Pleadings)

The 9th Circuit Court of Appeals cracked the case today. In so doing Arizona’s Community Health Centers won a battle against the state’s AHCCCS system when the 9th Circuit ruled that Arizona’s Medicaid program cannot categorically refuse to cover chiropractic services for adults.The unanimous Opinion REVERSES the lower court’s decision to dismiss that part of the health centers’ lawsuit. District Court Judge Jennifer Zipps also must further look at AHCCCS’ exclusion of some dental, podiatry and optometry services.This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona’s House of Representatives.
Continue Reading NEW: 9th Circuit Says Arizona's Medicaid Program Can't Categorically Refuse To Reimburse Community Health Centers For Adult Chiropractic Services (READ Opinion)

One of Arizona’s several and overlapping anti-abortion laws is back in front of a judge today, after the ACLU and abortion rights groups and doctors ask the court to re-stop the 2021 law prohibiting abortions sought solely because of a genetic abnormality. The new Motion for a Preliminary Injunction (below) accuses the U.S. Supreme Court of over-stepping its bounds in late June when it dissolved the previous injunction. This gets a little into the legal weeds, so let’s break it down:1. In its 2021 legislative session, the Arizona Legislature passed a law that did two different things – prohibited abortions sought
Continue Reading BREAKING: ACLU & Abortion Rights Groups/Doctors Tell Judge SCOTUS Messed Up In Arizona Case, Reimpose Injunction Against Genetic Abnormality Law (READ Motion)

The Kari Lake/Mark Finchem lawsuit seeking to require a hand count of all Arizona election results may have been dismissed last week, but Maricopa County is moving forward asking the judge to sanction the pair – and their attorneys, including Alan Dershowitz – for the “baseless and frivolous allegations” made in the case.The dismissal states that the case was closed “in its entirety”, but does not specifically mention the outstanding Motion for Sanctions previously filed. Although the County has not yet asked the Court to clarify, today’s Reply (below) can be seen as a reminder to District Court
Continue Reading BREAKING: Maricopa County Presses Forward For Sanctions Against Kari Lake/Mark Finchem/Alan Dershowitz

BREAKING: Arizona Supreme Court EXPANDS Legislative Privilege on “Maricopa Audit” documents, REVERSES lower courts, gives @FannKfann 2nd chance to better describe “legislative acts” B4 turning over for in camera review.(This is a developing story. Please check back for updates.)This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona’s House of Representatives.“AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona’s
Continue Reading BREAKING: Maricopa Audit Document Disclosure Case Continues, Supreme Court REVERSES Lower Courts (READ Opinion)

UPDATE, 3:55PM: The Arizona Supreme Court has AFFIRMED Judge Mikitish’s amended decision from this morning to remove the Fair Elections Initiative from the November ballot. The snap decision comes despite several questions pertaining to the re-worked arithmetic (more details below)The hanging-by-a-thread voters’ initiative called Free and Fair Elections is now OFF OF THE NOVEMBER BALLOT, after Superior Court Judge Joseph Mikitish was told by the Arizona Supreme Court to (quickly) explain his math.The case – brought by the dark money Arizona Free Enterprise Club – has bounced back and forth between Superior Court and the Arizona Supreme Court. There were
Continue Reading BREAKING: Fair Elections Initiative THROWN OFF the ballot after judge re-checks his work (READ Amended Judgment)

(UPDATE, 11:30am: We have added Lake/Finchem Response to sanctions motion, bottom.)Arizona will count the paper ballots with machine tabulators for – and, against – candidates Kari Lake and Mark Finchem. Just as we have for all elections in recent memory.U.S. District Court Judge John Tuchi gave the Republican candidates (for Governor and Secretary of State, respectively) several opportunities to prove why he should force a hand-count of millions of ballots and many different races, but he finally said enough is enough and dismissed their case today.In concluding his 21-page dismissal order, he boiled it down to a
Continue Reading BREAKING, Enough's Enough: Lake-Finchem Suit To Hand Count DISMISSED; Judge Blasts: "…only conjectural allegations of potential injuries" (READ Order)

The Arizona Supreme Court released its Opinion this morning explaining how it decided to remove Invest In Arizona’s referendum of the flat tax from November’s ballot. Its conclusion relies upon Arizona’s 1910 Constitutional Convention and a 1992 Court of Appeals decision.The opinion was authored by Justice John Lopez and joined by four other justices. Justices Bill Montgomery and James Beene separately wrote that reliance on the1992 Greenlee County decision was not necessary. Arizona is among a minority of states that gives citizens the power to refer a new law (a “REFERendum”)  to the ballot for the electorate to decide. The
Continue Reading NEW: AZ Supreme Court Explains How It Decided To Throw "Invest In AZ's" Flat Tax Referendum Off November Ballot (READ Opinion)