CIMA Law Group Blog

Majority Opinion in Dobbs v Jackson Women’s Health Organization Key Points

As everyone is no doubt aware, the Supreme Court has announced its decision last Friday in the case of Dobbs v. Jackson’s Women’s Health Organization. The decision effectively overturns the landmark case Roe v. Wade which established a constitutional right to privacy and by extension, abortion. Although the decision eliminates the right to an abortion, it does not ban abortions. It delegates that choice to the states themselves. The 203 page opinion and its syllabus can be found HERE

Please note none of these points are indicative of the views of the author or of CIMA Law Group. The following are the key points that led Justice Alito and the five other conservative justices to their decision:

The Constitution never explicitly mentions or defines any right to an abortion

Justice Alito argues that the right to an abortion is based loosely on a right to privacy which is also loosely based on five different amendments. Those amendments being the first, fourth, fifth, ninth, and fourteenth. This, in the court’s opinion, is a gross overreach of Judicial power to decide on an issue that is never explicitly or implicitly stated in the constitution

The right is not deeply rooted in the nation’s history

In this section, the justices define that they have the power to decide whether laws follow the Constitution, even if not explicitly stated, only if it has become “common law” or essential to the components of “ordained liberty”. After assessing that at the time of Roe v. Wade’s decision, not only was it not common law but the complete opposite of what most states had. They find it an overreach of judicial authority to decide something so controversial that it cannot be upheld on constitutional grounds

The only reason that Roe. v. Wade has stuck around this long is due to the practice of “Stare decisis”

“Stare decisis” is Latin for “to stand by things decided”. Basically, all the decisions made after Roe v. Wade was decided did not address the abortion matter again, rather it assumed that it was correct and that how the last fifty years have been. Justice Alito is saying that it is possible for the court to change its mind if it had made an error just like it had made in Plessy v. Furgenson.

The time set by the decision in Roe v. Wade was arbitrary and not backed by law

In Roe v. Wade, the justices did not completely allow for the discharge of abortions. Instead, they said that abortions could not be restricted in the first trimester of pregnancy but, could be restricted later on. It is worth noting that this was not backed by up-to-date science and common law at the time dictated that abortion was only illegal after “quickening”, the feeling of moment by the fetus in the womb by the mother. Because this decision held that some abortion could be prohibited weakened the argument for Roe in the first place. The Justices noted that the listing and outlining of what can and cannot be done should remain the place for the legislative branch and not the judicial. If there is to be a cut off or limitation in the abortion right, the court argues that they should be decided by the states themselves rather than the courts.

This opinion is strictly to be interpreted as applying to abortion

There were concerns, which Justice Alito addressed, that if the right to an abortion was overturned, other rights subsequently owing to the due process clause of the 14th amendment, which Casey and Roe do in part use, would be in jeopardy. The Justice makes it clear that this is not the case and his opinion is referring to strictly abortion and nothing more.

This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

The Last Friday

On Friday the 24th, the Supreme Court ruled to overturn the decision of abortion being constitutionally right. This is not just fight women will have to overcome but any person within the LGBTQ+ as well. Although many clinical centers will not have the resources to provide women who want or need an abortion, there are many companies who say will start to provide the necessary resources to do so.

A few companies that apart of the movement of bringing resources into the light are; Disney, Apple, Microsoft, Yelp, Uber, Starbucks and Nike and many more after. In Arizona many clinics started to refuse services after the decision ruling on Friday and the State Senate Republican Caucus issues a new motion to ban abortions unless the pregnancy was endangering the woman’s life, in which the procedure must be taken into place to save the life of the mother.

Many protests have been arranged all over the country to sound the voices of all the women whose life has been changed. From Friday night to Sunday night protests have been gathered from the East to West coast. In the protest of Arizona many people were thrown tear gas as they peacefully marched on the state capitol. Most people were not injured but many did suffer the effects of the tear gas thereafter.

As women come together the travel costs of having to go get an abortion will skyrocket and states have been shutting down their clinics so it is getting more difficult than ever to have a choice.

If you or someone you know has been in an accident and need assistance, CIMA Law Group is here to help. CIMA specializes in personal injury, criminal defense and immigration and are here to provide to you the quality assurance you need.

Si usted o conoce a alguien que necesitan asistencia, CIMA grupo de abogados está aquí para ayudar. CIMA se especializa en lesiones personales, defensa criminal y inmigración y están aquí para proporcionarle la garantía de calidad que necesita.

The Leap Backwards is Just Beginning

This past Friday, the United States took a major step backwards in civil and women’s rights when the Supreme Court overturned Roe v. Wade, leaving the legality of abortion at the mercy of the states.

This is seen by many as an afornt to women’s rights and will likely causes multitude of deaths– either by complications with the pregnancy or unsafe abortions.

While Americans have been rightfully upset about this, the flames of our voices need to raise higher– because the Supreme Court isn’t stopping at abortion.

In his opinion, Justice Clarence Thomas made it clear that this overturning of Roe creates a precedent that can spread to other court cases– specifically Griswold vs. Connecticut and Obergefell v. Hodges.

The former case rules a right to obtain contraceptives, while the latter rules a right to same-sex marriage: both ruled under the fourteenth amendment, which Thomas views as erroneous.

As a gay man, it’s sickening to think my legitimacy as a human being could be overruled in some states based solely on who I would want to marry. Furthermore, the rejection of same sex relationship in our societal norms will only lead to an increase in mental health problems and homophobia within young LGBT+ adults, whom already experience a suicide rate four times more likely than their peers.

This combined with the lack of contraceptives and the lack of safe abortions makes one thing clear: a lot of people are going to die because of things we already decided were right years ago.

Thus, we need to do everything we can to make sure the state governments do not fall into the Supreme Court’s pitfall. If you are in a state that promotes safe abortions, still contact your representative or senator by calling their D.C. office to make your stance clear.

But what if you’re in a state that does not support abortions? Then this is more of a reason to contact your representative and senator. When the issue of gun rights came about after the recent Uvalde school shooting, the voices of constituents were strong enough to move pro-gun senators into drafting a bipartisan gun control bill. The same can be done for abortions, so call them immediately.

The future of our civil and sexual rights and privacy are in the balance and we need to let our frustration ring loudly or risk being drowned in a darkness we thought we’d never see again.

The Effects of Music on the Brain

Music provides the exercise your brain requires comparable to what working out does to your body. Listening to music has been proven to stimulate more areas of your brain than any other activity. When music enters our brain, one of the first thing that occurs is that pleasure centers produce dopamine, a chemical that makes us happy. This reaction is so fast that the brain may predict the most enjoyable peaks in familiar music and ready itself with an early dopamine rush.

Music can be beneficial to your health in ways more than simply making you feel good. Listening to music has been linked to increases in immunity-boosting antibodies and cells that guard against germs and other intruders, according to research. Music can help treat depression, Parkinson’s, seizures, brain damage, and premature birth, while also improve your memory and your perception of time.

Although it was previously thought that these benefits came only from listening to classical music, recent studies have shown that this is not exclusive to certain genres. Instead, it is shown that these benefits come when listening to your favorite music. Yet, the more you listen to the same music the less effect it has on our brain over time, listening to new music can enhance your brain back to the activity levels it once reached when you first listened to the music you have grown accustomed to.

Unknown Future of Abortion in Arizona

For many, June 24th, 2022 was a day they feared for decades. They feared it for themselves, for their daughters, sisters, nieces. It was the day that the Supreme Court overturned the landmark decision Roe v. Wade in the decision in the case Dobbs v. Jackson’s Women’s Health Organization. What does this mean? Roe was a case decided in 1973 (about 50 years ago) that ruled that the constitution protects women’s right to choose if they will have an abortion or not, effectively banning states for passing and enforcing legislation that prohibited abortion. Roe was the law of the land until now, when this recent case resulted in it being overturned.

In a 6-3 ruling, the conservative-dominated court stated in their opinion that the constitution does not mention abortion at all and its protection does not fall under the power of the 14th amendment, meaning its legality should be given back to the states. Now, instead of being legal on a federal level through court rulings, the states have full power over the legality of abortion in Arizona.

Residents of the Grand Canyon State are wondering if abortion is now legal in their state. Unfortunately, the answer is that we do not really know yet. There is legal ambiguity surrounding abortion laws on the books in Arizona at the moment. There are two “competing” laws relating to abortion in Arizona: one that is from 1901 that completely bans abortion and one that was signed in March banning abortion after 15 weeks. The Arizona Senate Republicans say that the pre-Roe total ban is in effect, but when Governor Ducey signed the recent bill, he said it would take precedence over the total ban. Right now, we are waiting for a legal order either enacting the pre-Roe total ban or stating that the 15 week ban is the one that is in order. At the moment, all licensed abortion clinics in Arizona have stopped providing medical treatments.

Either way, protests have erupted across the nation and even in Phoenix at our own state capitol. People are arguing for the Arizona legislature to pass legislation to legalize abortion. This is a very divisive topic, and is sure to see a great deal of discourse over the next few years, especially in Arizona.

This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

Pro-Life or Pro-Something Else?

I am devastated as I write this blog post. I am outraged that the United States of America, claiming to be the greatest county in the world, has turned the clock back half a century on women’s rights.

The landmark case of Roe v. Wade (1973) protected the federal constitutional right to an abortion. Dobbs v. Jackson Women’s Health overturned the nearly fifty year precedent, giving the power to regulate abortion access back to the states. According to NPR, abortion is already illegal or heavily restricted in at least 11 states and 11 more have laws that will do the same once they come into effect.

So, what does a future without Roe look like?

The answer is deadly. Abortions are the only lifesaving treatment for complications like that of an ectopic pregnancy, a septic uterus, or an unreleased miscarriage. NBC News reports that the U.S. already has the highest maternal mortality rate of any developed country, likely to rise without access to this kind of necessary reproductive care— an increase in which will disproportionately affect marginalized communities living below the federal poverty line. Additionally, Human Rights Watch explains that restrictive abortion policies push pregnant people out of the healthcare system and into dangerously unregulated settings, leading to 15% of maternal deaths worldwide being the result of unsafe abortions.

Is this what a pro-life America looks like?

Because I would argue that this ruling isn’t pro-life at all.

Pro-life would mean protecting the lives and bodily autonomy of the women seeking reproductive care. It would expand resources to reduce maternal mortality rates and eliminate child poverty.

Pro-life would mean our nation’s students do not face the same trauma in their classrooms as do those in an active war zone. It would certainly not expand guns rights, making it significantly easier for people to carry handguns in public.

Pro-life would mean accepting and helping immigrants and refugees. It would not build a wall to introduce a further obstacle to saving the lives of those fleeing from violence or merely trying to achieve a better life.

Pro-life would mean investing in our foster care system, which I might add is in a crisis of overpopulation. It would not put children into a situation that increases their chances of being abused or homeless by the time they turn 18.

Pro-life would mean that everyone has access to healthcare. It would not gate keep medical or wellness resources solely for the privileged.

Pro-life is an interesting way to say pro-control over women’s bodies.

Mass Shooting After Mass Shooting The Supreme Court Expands The Second Amendment

The Supreme Court decided on Thursday, June 23, that people had the right to carry guns in public for self-defense. A New York law that demanded individuals “to demonstrate a particular need for carrying a gun in order to get a license to carry a gun in a concealed way in public” was overturned by this ruling. The high court reached this decision just weeks after a shooting in a Buffalo supermarket that claimed 10 lives.

Prior to the 6-3 decision, the lower courts upheld the New York legislation when it was contested by two individuals whose application for a concealed-carry permit was turned down. The New York law in place since 1913, was favorable among the public according to New York Governor Kathy Hochul who stated, “This decision isn’t just reckless. It’s reprehensible. It’s not what New Yorkers want”.

This ruling is concerning to many Americans following the Buffalo shooting as well as the school shooting in Uvalde Texas. But in addition, the ruling and the opinions written by the justices has left many questions unanswered.

Supreme Court Justice, Clarence Thomas, in his majority opinion, stated, “The government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.” With this standard in place when determining the constitutionality of a gun safety, new regulation may be impossible.

This is a CIMA Law Group blog entry. CIMA Law Group is located in Arizona and specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations. If you live in Arizona and need legal assistance CIMA Law Group can help.

Aftermath of Roe v. Wade decision

Earlier today, the Supreme Court decided to strike down Roe v. Wade.This Landmark Supreme Court decision leaves the right to an abortion up to each state. Some state’s abortion laws date back to the 1800’s. In Oklahoma, a law was recently put into place that will make performing an abortion a felony punishable by time in prison. Many states have Trigger laws in place by anti- abortion legislators that were designed to take effect immediately after the overturn of Roe v. Wade. Consequently, women in those states will face swift action, and now have to travel state lines in order to get a procedure they have had the right too for fifty years.

The overturn of Roe is a slippery slope and jeopardizes fundamental rights to privacy. Justice Thomas said the legal rationale for Friday’s decision could be applied to overturn other major cases, including those that legalized gay marriage. Additionally, contraceptives like birth control may also become banned.

This post is a part of the CIMA Law Group blog. If you are in the Phoenix area looking for aid in criminal defense, personal injury, or immigration, contact CIMA Law Group today to get your worries squared away.

The Supreme Court has officially overturned Roe v. Wade

This post unintentionally and unenthusiastically serves as an epilogue to my previous posting, that of which referred to which states in the US have “trigger laws” in place, anticipating the overturning of Roe v. Wade (1973).

While this case to overturn Roe v. Wade (Dobbs v. Jackson Women’s Health Organization) was recorded to have been first argued in December of 2021, to then have a draft being leaked in May 2022- today on June 24th, 2022, the federal protection over women’s constitutional right to chose what can be done to our bodies has officially been taken away, with a 6-3 vote taken by the Supreme Court. What is this decision going to look like in the lens of the United States?

According to NPR, nearly half of the 50 states will immediately ban abortion and the practices of such. To clarify, this decision gives the power to implement abortion bans back to the states, instead of being under federal safeguarding- in which case the states who had “trigger laws” in place before the decision to overturn had been finalized, and other states with prior intentions to do the same, will be able to ban abortions as early as today.

Supreme Court Justice Samuel Alito stated that the case of Roe v. Wade must be overturned because they were “egregiously wrong” and that the arguments made in favor of abortion were “exceptionally weak”– so much so that these arguments were “an abuse of judicial authority”. While Justice Alito was speaking on behalf of those justices in favor of the overturning, the three that dissented were Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. The three collectively wrote the following on behalf of the Supreme court decision:

“With sorrow — for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection — we dissent.”

The battle for a woman’s right to choose- while it should never have been a battle at all- has resulted in our nations women, myself included, feeling defeated with the Supreme Courts decision that has been made today. Although their intentions were supposedly under an influence to protect, the impact and the wave of response throughout the country implies that this decision does, and has done, anything but protect.

Gas Tax Holiday

President Joe Biden claims to have thought of a temporary solution to help create some form of relief for families. Gas prices have been on a constant rise, as a result, Biden has pitched a temporary gas tax holiday.

A gas tax holiday is when gas and diesel taxes are lifted for a time period. However, this revenue that is generated from federal tax on gas is what helps finance the Highway Trust Fund. The issue with a gas tax holiday is that the Highway Trust Fund is already running short on funding. A gas tax holiday would definitely not help with this issue either.

The proposal of a gas tax holiday is said to decrease gas prices by $1. This is since the federal gas tax is 18 cents per gallon and the federal tax on diesel is 24 cents per gallon.

Both Republicans and Democrats seem to not fully be in favor of Biden’s new proposal. Republicans feel this is simply one of Biden’s gimmicks in hopes to push the blame away from him. Democrats on the other hand seem more on board, however, not fully. Senator Tom Carper, shares that he thinks this proposal of gas tax holiday is a “shortsighted and inefficient way to provide relief.” This seems to be the similar reaction from other Democrats as well.

We can all agree that times are hard, prices are only rising, but trying to agree on the correct solution is the main problem at hand.