Brewer Spox: SCOTUS Violated State's Authority On Abortion Ban

[DonViejo]

CATHERINE THOMPSON – JANUARY 13, 2014, 11:44 AM EST

Arizona Gov. Jan Brewer's (R) office is arguing the U.S. Supreme Court infringed on the state's right to implement "life-affirming" laws in rejecting its 20-week abortion ban.

The Supreme Court on Monday declined to hear Arizona's appeal to put in place its ban on most abortions after 20 weeks of pregnancy. The decision upholds a lower court's ruling that the law violated a woman's right to terminate a pregnancy before a fetus becomes viable, which is generally around 24 weeks of pregnancy.

Brewer spokesman Andrew Wilder said the Supreme Court's decision "is wrong, and is a clear infringement on the authority of states to implement critical life-affirming laws," according to the New York Times.

Brewer signed the abortion ban into law in 2012. Wilder added that she championed the law in order to "make Arizona one of the most pro-life states in the nation," according to the Times.

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http://talkingpointsmemo.com/livewire/brewer_scotus_abortion_ban

[Swede Atlanta]

1. I guess Brewer didn't get the memo.........

In this country we have what is known as "limited" government.

The power of the federal government is restrained by the U.S. Constitution. The federal government can only act under specifically enumerated powers or powers that have been interpreted and understood to exist in the Constitution by the federal judiciary.

The power of state governments is generally described as general police power restrained by the respective state constitution. But those powers may not be extended to actions that are deemed unconstitutional under the federal constitution.

Under Rowe v. Wade and its progeny of cases, the court has generally attempted to strike a balance between an outright right to an abortion and limitations on that right intended to respect life. While the rights have been chipped away in recent years, in general it is still the case that a woman has a right to an abortion up to the time a fetus is generally recognized as "viable" outside the womb.

So Ms. Brewer, Arizona has the authority to enact laws but only to the extent they do not interfere with the rights of citizens to exercise rights under the state or federal constitution. The Supreme Court has today held that they will not interfere with a holding of an inferior federal court that Arizona's law is unconstitutional under the Federal Constitution and specifically the Court's rulings with respect to the right to an abortion under an inferred right to personal privacy.

[Chan790]

2. Is Ms. Brewer conscious that the arbiter of whether SCOTUS overstepped its bounds...

is SCOTUS, not Jan Brewer?

[COLGATE4]

3. I have always suspected that the

good Governeror may have a little drinking problem. That would explain a lot of her outlandish political thinking.