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The Supreme Court ruled Monday that migrants are not entitled to bond hearings even after they have been detained by Immigration and Customs Enforcement for six months. 

In a 8-1 decision, the high court reversed a lower court ruling that held the immigrant at the center of the case, Antonio Arteaga-Martinez, was entitled to a bond hearing because he had been detained for more than 6 months.


With Justice Stephen Breyer as the lone dissenter, the court ruled that bond hearings are not required to prove that a detainee 'poses a flight risk or a danger to the community.' 

The justices ruled that immigration law requires holding citizens who had been deported previously and were found illegally in the U.S. again. 

Monday's ruling is the third in recent years to reject bond hearings for illegal immigrants. 

The immigrant decision came as all eyes were on the court awaiting a ruling that could overturn Roe v. Wade and another in a New York gun case. The court will release more decisions on Wednesday. 

A Supreme Court leak last month prompted national uproar over the justices' preliminary decision in Dobbs v. Jackson Women's Health Organization that showed a majority in favor of overturning Roe, the 1973 landmark case that legalized abortion nationwide. 

A Supreme Court leak last month prompted national uproar over the justices' preliminary decision in Dobbs v. Jackson Women's Health Organization

The draft opinion showed a majority in favor of overturning Roe, the 1973 landmark case that legalized abortion nationwide

Abortion-rights protesters hold up images of Supreme Court Justices during a demonstration outside the U.S. Supreme Court in Washington, Monday, June 13

A pro-abortion demonstrator flips their middle finger at anti-abortion protesters in front of the U.S. Supreme Court Building on June 13

Pro-life and pro-choice demonstrators rallied outside the Supreme Court building, though the Dobbs decision they were expecting didn't come. 

If Roe is overturned, the abortion decision is turned back to the states.  

Conservative states, emboldened by the impending decision, have implemented a number of new abortion restrictions. Louisiana recently passed a law ramping up criminal consequences for abortion providers from 5 to 10 years in jail and the fine from $5,000 – $50,000 to between $10,000 – $100,000.

And amid a recent spate of mass shootings, the court is expected to release a decision on New York State Rifle & Pistol Association Inc. v. Bruen, a case challenging a law requiring anyone looking to obtain a license to carry a concealed weapon to establish a 'proper cause' for doing so.  

Protesters hold a banner calling to 'shut down' the high court as the country awaits major case decisions pertaining to abortion rights, guns, religion and climate change in the the coming weeks before the end of their term

Abortion-rights protesters display images of Supreme Court Justices Neil Gorsuch, Samuel Alito, and Brett Kavanaugh during a demonstration outside the court Monday 

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White House condemns World Bank chief's climate comments, leaves future murky

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An Arizona Judge Just Reinstated a 150-Year-Old Total Abortion Ban

Pro-choice supporters demonstrate at the Federal Courthouse in Tucson, AZ after the Supreme Court overturned Roe vs Wade in June 2022.Christopher Brown/ZUMA Press Wire/ZUMA Press Wire

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Before Arizona was even a state, its first territorial legislature enacted a total ban on abortion in 1864.

On Friday, a state judge lifted a decades-old injunction blocking that law. Now, any person who helps “procure the miscarriage” for a pregnant person, “unless it is necessary to save her life” risks spending two to five years in prison.

In her ruling, released a day before a 2022 law banning abortion after 15 weeks was slated to take effect, Judge Kellie Johnson of Pima County Superior Court reasoned that the 1973 injunction that quashed the Civil War-era abortion ban relied on the US Supreme Court’s Roe v. Wade decision. That case, which guaranteed the right to abortion until fetal viability, was overturned by the country’s high court in June—leaving the question of abortion access in the hands of individual states, including more than half a dozen with pre-Roe bans on the books, including in Arizona, Michigan, and Wisconsin. 

“The court finds that because the legal basis for the judgment entered in 1973 now has been overruled, it must vacate the judgment entirely,” Johnson wrote.

Abortion initially remained legal in Arizona after the Supreme Court’s decision invalidated Roe. But questions about whether the 1864 ban—which was updated and ratified in 1901—sent a chilling effect through the state’s nine abortion clinics, causing some to stop providing abortion care due to fear of prosecution.

Even the state’s top Republicans were split on whether the 158-year-old ban was valid: This summer, Arizona Governor Doug Ducey said that the 15-week ban he signed in March would supplant the older ban, while his fellow-Republican, Attorney General Mark Brnovich, argued the pre-statehood ban was enforceable.

“Our office has concluded the Legislature has made its intentions clear with regards to abortion laws,” Brnovich wrote on Twitter. The 1864 law, he wrote, “is back in effect and will not be repealed,” thus superseding the 15-week ban that was set to take effect later this month.

Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws.

— Mark Brnovich (@GeneralBrnovich) June 29, 2022

Both the 1864 total ban and the 15-week ban passed nearly two centuries later provide exceptions only for situations in which the parent’s life is at risk; neither law has carve-outs for rape or incest.

But even after Friday’s court decision, it is still not fully clear what the law is in Arizona. In response to questions about Johnson’s ruling, Gov. Ducey’s office told ABC News that he was “proud to sign” the 15-week abortion ban, “which goes into effect [Saturday].”

In this case, though, Ducey’s statement may prove to be hollow. As the state’s Attorney General, Brnovich is the one with final say on whether to prosecute people in violation of the state’s laws—including the 1864 one, if he so chooses. He has indicated he will enforce the stricter ban. “We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue,” he tweeted Friday. “I have and will continue to protect the most vulnerable Arizonans.”

If that’s the route Brnovich takes, it may be short-lived: Both he and Ducey are term-limited in their respective roles as Attorney General and Governor, so neither can run for reelection. Both races to replace them in November are tight.

The next state Attorney General will either be Republican Abe Hamadeh, who says he will work to make sure Arizona’s abortion laws are “fully implemented,” or Democrat Kris Mayes, who says she would not imprison healthcare providers for breaking Arizona’s abortion laws. The University of Virginia’s Center for Politics rates their match-up as “competitive.”

The race for the Governor is also a toss-up between two candidates with very different views on abortion rights. Democrat Katie Hobbs, who is currently Arizona’s Secretary of State, called Friday’s ruling “draconian” and said that, if elected Governor, she will do everything in her power “to stop oppressive bans created before women even had the right to vote to control our reproductive freedom.”

According to polling averaged by FiveThirtyEight, Hobbs is currently ahead of GOP gubernatorial candidate Kari Lake, who calls abortion “the ultimate sin,” by just two points. 

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