I was going to post about things that didn’t exist in 1864, but then I discovered that 1864, in addition to predating Arizona as a state, also predates the motherfucking telephone, so that seemed quite boring.

Instead, I’d like the Arizona Supreme Court to reinstate another few clauses of the Howell Code, which was, again territorial law in Arizona.

Let’s start with executing those who obtain a conviction through perjury. That’d be a fine one to have back on the books. Just in general, it’d be nice to have some real teeth in a law against perjury.

How about excusable homicides? I’m sure the level of jurisprudence on display here would certainly allow me, a white middle-aged male, to parlay “Excusable homicide by misadventure” into excusing me from guilt if I happen to be driving my car, and somehow end up parked on top of, say, Kari Lake. I mean, not that cars existed in 1864, but when has that stopped anyone?

Actually, when you read more into the excusable homicide clause, it’s clear that one is actually still being enforced, since it reads, in part: “an officer punishing a criminal, and happens to occasion death, it is only a misadventure, for the act of correction is lawful”. Right, yeah, that’s clearly still the law of the land.

And anyway, it’s clear that they’ll take any old excuse, since there’s this: “All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide.” Pretty broad statue. I’m sure there’s some crazed fundamentalist currently cooking up some pipe bombs for Planned Parenthood. According to the current state of “reason” in Arizona, that’ll be “justifiable”.

But hey, at least it was illegal to entice a “negro” to leave the state. Why? Because when this miracle of law was written, we hadn’t abolished slavery in this country yet.

Because that’s the era that our laws should stem from regarding abortion. Before women were seen as anything other than chattel.

Slow. Clap.

Fuck Arizona.

Enjoy reading up on what passed for law here.

Edit, May 2024: Well, they repealed (just - all but two R senators against - typical) this idiot law, leaving us with the only slightly less idiotic 15 week ban. Here’s hoping the amendment makes the ballot in November so we the people can shut this fucking nonsense down once and for all. I mean, that is, if the Rs decide to respect the will of the people, which frankly is no longer a given.