Century and replacing it with one from 160 years ago, the court has risked the health and lives of arizonians. Thats arizonas Attorney General slamming the ruling from her States Supreme Court upholding a civil warera ban on abortion. Well go through that stunning decision in just a moment. Well also bring you President Bidens response to the ruling as well as his new comments on donald trump and the threats to our nations democracy. And well bring you the latest from capitol hill. Speaker mike johnson is now delaying a key priority for farright republicans and facing new pressure to pass funding for ukraine. Good morning and welcome to Way Too Early on this wednesday, april 10th. Im jonathan lemire. Thanks for starting your day with us. Just two days after former President Donald Trump said that the states should decide their own laws regarding Abortion Health care, arizona has just given the nation a stark example of the consequences of leaving this issue up to the individual states. Yesterday the arizona Supreme Court ruled that a 160yearold near total abortion ban still on the books in that state is enforceable. 160 years. The Bombshell Decision dating from 1864, which could shutter Abortion Clinics across arizona, now adds that state to the growing list of places where Abortion Health care is effectively banned. The ruling allows that 1864 rule to stand, making Abortion A Felony Punishable by 2 to 5 years in prison for anyone who performs one or helps a woman obtain one. The Civil War Era law, which was enacted half a century before arizona even gained statehood does include an exception to save the life of the mother. Arizonas Attorney General came out against the ban moments after the stunning ruling. Let me be completely clear. As long as i am Attorney General of the state of arizona, no woman or doctor will be prosecuted under this draconian law. No woman or doctor will be prosecuted under this law as long as i am Attorney General. Not by me nor by any County Attorney Serving in our state. Not on my watch. Well have arizonas Attorney General as a guest on morning joe a little later on this morning. Meanwhile, abortion Rights Groups in arizona are likely to succeed in their goal of putting a proposed constitutional amendment on the november ballot, creating a fundamental right to receive Abortion Health care up until Fetal Viability or about the 24th week of pregnancy. Now, President Biden immediately condemned the ruling in arizona releasing a statement just minutes after it came down. The president called the decision, quote, a result of the extreme agenda of republican elected officials who are committing to ripping away womens freedom. His statement also highlighted that the ban has no exceptions for rape or incest. And the president went on social media to blame donald trump for the ban, posting a News Headline of the ruling with trumps picture at a golf course. In it Wake Of The DecisionVice PresidentKamala Harris will now travel to arizona on friday. She was in phoenix just over a month ago as part of her fight for reproductive freedoms tour. The white house says the Vice President has held more than 80 events in 20 states since the Supreme Court overturned roe two summers ago. Joining us now msnbc legal analyst Danny Cevallos here on set. Danny, thank you so much for joining with us. So walk us through just your reaction to this. Its a law that dates from 1864. Is there legal, you know, justification for now saying, yeah, its enforceable . Well, heres the Supreme Courts approach and how they arrived at this. You have the 1864 law, and the argument was that later on arizona passed a law that banned abortion after about 15 weeks. And the argument there was, well, this later law, its not exactly permissive of abortion. But since it covers the same thing that 1864 law has to be out now, right, because you passed a law later on that covers the kpamt same thing, that the arizona Supreme Court concluded tat that later passed law was based in part on a right guaranteed by roe. And roe no longer exists after dobbs. So if that later existing law no longer is good law, then you revert back to the one from 1864. And thats often an issue with some of these statutes. A lot of them dont expire. If its still technically a law and hasnt been struck down, then it is law in arizona even if it was passed before arizona even became a state, when it was still a territory. Given the composition of the arizona Supreme Court, i dont think this was a huge surprise even though it is earth shattering. But at this point technically the law is still on hold while its sent back to the trial court for some additional constitutional arguments that are not roe. Whether those will be successful, who knows. All right, so thats where i was going to ask you next. We just heard arizonas Attorney General kris maize, a democrat, saying she would not enforce the law. Does she have the ability to do that . Does she or the governor step in here and change this . Sure. State a. G. S like federal a. G. S. Just to use the example marijuana is still illegal federally in the united states, but Law Enforcement federal Law Enforcement has taken the approach of, hey, were just not going to enforce that. You see this all the time on the federal level. State attorneys general, too, have discretion to decide what laws they want to enforce and what laws maybe they dont want to enforce. And that goes all the way down to county prosecutors. Thats part of the power of prosecutorial discretion, but at the same time its really not much of a guarantee or protection. If somethings illegal and Law Enforcement simply says, well, were going to ignore that for now because it could be enforced. It could be selectively enforced, and then the next a. G. That comes in says, hey, this is going to be a priority for me. Now i am going to enforce it. There are obviously huge ramifications and also, of course, political ones as arizona a key battleground state. Well dive into the politics of this a little later in the show. But danny, stay with us because we want to get your take on this story as well. An Appeals Court judge has rejected another attempt by donald trump to delay his upcoming Hush Money Trial which is set to get under way next week. Trumps attorneys tried to argue yesterday that the proceedings should be postponed while his Team Challenges a courtimposed gag order that they deeped unconstitutional. The struj swiftly rejected that argument, and Jury Selection is still slated to begin on monday. Danny, two parter here. Do you believe this will, indeed, get under way monday . And if it does, whats this going to look like . Hows it going to play out . Yeah, ive been just betting on tails on the coin flip on will the trial start on time for about a year now. So i guess im going to keep going with the trial wont start on time, but in reality it look like this is finally going to be the beginning. But, jonathan, we had this about a month or so ago, and that april date or excuse me, the last scheduled date got pushed out and now here we are in april. And you can see the defense in this case is doing pretty much everything they can to delay because unlike many criminal cases, delay for trump could possibly mean the difference between victory and defeat, between guilty and not guilty. Now, thats less the case in this Manhattan State Court case, but certainly in federal cases delay can be a win because if hes president , if hes inaugurated and the federal cases are still pending, then they will go away. But even the state court cases, its still an open constitutional question whether a State Constitution can Jail A Sitting president. Of course once hes out of Office Anything can happen. All right, msnbc legal analyst Danny Cevallos, im certain well be speaking to you again next week when that trial does begin. Still ahead here on Way Too Early, former President Trump reports an antisemitic Trope Americans who would consider joe biden. And a warning about military aid for ukraine. Those stories and a check on sports, weather, and the mornings other top headlines when we come right back. P headl when we come right back. Power e trades easytouse tools, like dynamic charting and riskreward analysis, help make trading feel effortless. 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And black people by habit vote for the democrats. And now the African American population is were at the highest level anyones ever been at as a republican, it still should be much higher because of what ive done with Criminal Justice reform, with funding the black colleges and university, with all of the opportunities. Nobodys done more than i have. Id say nobodys done more since abraham lincoln. I actually wanted to go beyond abraham lincoln, but some people thought that wasnt a good thing to trump made similar comments about jewish democrats last month saying they, quote, hate israel and their religion. And in february trump claimed black voters were flocking to him because they related to him being criminally indicted and embraced his mug shot more than any other group. Meanwhile, President Biden is ramping up his criticism of israeli Prime Minister benjamin netanyahu, call his handling of the war in gaza a mistake. The president made those comments in a pretaped nrtd view with univision that aired last night, and he condemned the israeli strikes that killed seven world central kitchen aid workers. Take a listen. What i will tell you is i think what hes doing is a mistake. I dont agree with i think its outrageous that those four to three vehicles were hit by drones and taken out on a highway where it wasnt like it was along the shore, wasnt like it was a convoy moving or et cetera. So what im calling for is for the israelis to just call for a ceasefire, allow for the next 6 to 8 weeks total access to all food and medicine going into the country. And back, meanwhile, top dip luplats from the u. K. And france are publicly putting pressure on House Speaker mike johnson to get ukraine aid through the house. In a new oped in The Telegraph the diplomats write in part this, the cost to ukraine to support now would be far greater thap the cost of repelling putin. The world is watching and will judge us if we fail. They added if russian president Vladimir Putin does try for ukraine then we all use. David cameron is in washington this week to lobby republicans on ukraine aid. Cameron had a direct message yesterday by speaking alongside u. S. Secretary of state antony blinken. I just come here as a great friend and believer in this country and believer its profoundly in our your interest and your security and your future and the future of your partners to release this money and let it through. And david cameron, the British Foreign secretary, will be a guest coming up on morning joe. Still ahead here on Way Too Early, well turn to sports and bring you some of the best highlights from around major league baseball. Plus, two big coaching changes in mens and Womens College basketball. Well be right back with all that. At with flonase, allergies dont have to be scary. 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