Attorney General Kris Mayes reaffirmed her pledge to never prosecute abortionists, regardless of state law.
Mayes made the remarks during a press conference following the Arizona Supreme Court oral arguments in Planned Parenthood v. Mayes on Tuesday. The attorney general said that other issues were more important to her, like prosecuting drug dealers giving fentanyl to minors.
“No, we will not be doing abortion prosecutions in Arizona while I’m attorney general, ever,” said Mayes. “We have much more important issues to decide and work on in this state.”
Earlier this summer, Gov. Katie Hobbs issued an executive order that took away all prosecutorial power from the 15 county attorneys concerning abortion law, and gave it to Mayes. That move effectively nullified the possibility for prosecutions of abortionists.
Mayes opted to not dispute the court of appeals ruling in Planned Parenthood v. Mayes from last year, which determined that the 2022 law restricting abortions to 15 weeks’ gestation was to be implemented, and not the near-total abortion ban dating back to Arizona’s territorial days.
Instead, Mayes has backed efforts to expand abortion access in Arizona and other states.
On Wednesday, Mayes joined 10 other attorneys general to issue a statement of condemnation to the Texas Supreme Court. That court overturned an injunction on the state’s abortion ban awarded to a Texas woman seeking to abort her daughter.
Mayes claimed that the health and life of the Texas woman, Kate Cox, were at risk due to the Trisomy 18 diagnosis of her unborn child. Texas abortion law enables abortions in pregnancies that are considered life-threatening or presenting a risk of substantial impairment of a major bodily function. Per Texas law, medical professionals determine which pregnancies qualify for that exception.
“No one should be forced to fight in court and leave their home state just to receive the health care they need,” read the statement. “As this case shows, abortion bans pose dangerous health and safety threats wherever they are enacted. Decisions about abortion care should be made between patients and their doctors, not politicians.”
I join my fellow attorneys general in condemning the Texas Supreme Court's decision to deny abortion access to Kate Cox, a pregnant woman whose health & life were at risk as a result of a lethal fetal diagnosis. She was forced to travel out of state to receive abortion care. pic.twitter.com/DltGxPuVAq
The Texas Supreme Court overturned the injunction because Cox’s doctor couldn’t declare that her pregnancy threatened Cox’s life or major bodily functions.
“A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion. Under the law, it is a doctor who must decide that a woman is suffering from a life-threatening condition during a pregnancy, raising the necessity for an abortion to save her life or to prevent impairment of a major bodily function. The law leaves to physicians — not judges — both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient,” stated the court. “[Cox’s doctor] asked a court to pre-authorize the abortion yet she could not, or at least did not, attest to the court that Ms. Cox’s condition poses the risk the exception requires.”
In August, Mayes joined a coalition of 20 attorneys general to challenge Idaho’s ban on minors traveling to other states to obtain an abortion. In May, Mayes joined an amicus brief challenging a Texas ruling blocking federal approval of the controversial abortion drug mifepristone.
Since taking office, Mayes has encouraged major pharmacy chains to continue to offer mifepristone regardless of legal challenges.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The president and CEO of Phoenix Children’s Hospital (PCH), Bob Meyer, was recently named among the top 100 most influential figures in health care.
The recognition from Modern Healthcare comes not long after widespread controversy over the hospital’s practice of “gender-affirming care,” a euphemism for medical and surgical procedures to transition genders. Modern Healthcare selected Meyer for not only accomplishing clinical, operational, and financial goals, but for accomplishing progressive ideals through implementing diversity, equity, and inclusion efforts.
In a press release, Meyer credited his recognition to PCH’s creation of new programs and centers — among which is the controversial Gender Support Program.
“This is a reflection of the tireless commitment of our thousands of colleagues who have dedicated themselves to creating nationally recognized programs and centers of excellence that give our patients hope and healing,” said Meyer. “For more than 20 years, my primary focus has been to grow Phoenix Children’s into the Southwest’s premier pediatric health system, and we will continue to expand access to the top-ranked pediatric healthcare our children need and deserve.”
Meyer joined PCH in 2003. It was under Meyer that PCH established its Gender Support Program around 2015, one of the only comprehensive gender transition programs for minors in the state. The program spun off a support group for families whose children underwent gender transition procedures: the Gender Proud Patient and Family Advisory Council (PFAC).
Due to laws passed in recent years outlawing gender transition surgeries, PCH limits its gender transition offerings to hormonal and therapy treatments; PCH refers patients elsewhere for surgical procedures.
PCH’s Gender Support Program, previously the “Gender Management Program,” conducts consultations for families on gender transitioning, the use of puberty blockers, and the use of hormonal replacement drugs; readiness evaluations for puberty suppression and cross-sex hormonal replacement drug usage by mental health providers; a staff psychologist-led weekly support group, as well as other mental supports; community advocacy, from speaking engagements to advocate for gender transitioning to assisting patients with legal name and gender marker changes on identifying documents; and media appearances to further advocate for gender ideology.
The program is affiliated with Arizona Trans Youth and Parent Organization. PCH also offers minors access to “affirming” gender transition procedures through its Homeless Youth Outreach Program, which applies to minors who are not only homeless but those considered “at risk” for becoming homeless due to their gender dysphoria.
One of the resources offered by the program through PCH’s Emily Center Family Health Library is its now-deleted Gender Support Program Resource Guide. AZ Free News was able to access an archived version of the resource page.
Program resources included links to this American Psychological Association (APA) article on transgenderism, the now-defunct “genderbread” website, the now-defunct Australian-based “Trans 101” website on gender diversity, this APA fact sheet on non-binary gender identities, this Advocates for Youth page advocating for transgenderism in minors, this Gay Lesbian Straight Education Network (GLSEN) pronoun guide.
The program also included video and website resources explaining the medical and surgical interventions for child gender transitions. PCH relied on resources from the Seattle Children’s Hospital and the University of California at San Francisco’s Center of Excellence for Transgender Health resource to explain puberty blockers and hormone replacement therapies.
At the helm of the PCH program is its founder, Veenod Chulani. Their staff also includes pediatric endocrinologist Reeti Chawla, pediatric psychologist Joshua Kellison, and therapists Andrew Melina, Patrick Goodman, and Anne Marie Cardinal.
Last November, PCH hosted a session featuring Chulani and pediatrician Edith Allen to discuss PCH’s approach to treating gender dysphoria: “affirmative, culturally humble, trauma responsive, and strength-based.” PCH also focused on legislative and cultural efforts to resist gender transitions for minors.
Chulani has served as the medical director of quality of care and child safety for the Arizona chapter of the American Academy of Pediatrics since 2016.
PCH projects that it will be the fourth-largest pediatric health care system nationally. PCH has just under 2,000 primary care providers and specialists covering just under 80 subspecialities. The hospital network opened a new campus in Glendale last month, preceded by an emergency center in Avondale over the summer.
The Gender Support Program is limited to PCH’s main campus.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Tuesday, the Arizona Supreme Court held oral arguments on the state’s two conflicting abortion bans in the case Planned Parenthood et al v. Kristin Mayes/Hazelrigg.
The court is determining the fate of two conflicting laws: the total abortion ban outlawing all but life-saving abortions, in existence prior to Arizona achieving statehood with versions dating back to Arizona’s first laws as a territory in 1864, and the 2022 ban restricting abortions to 15 weeks’ gestation except in cases of medical emergency. The latter law was codified just months before the Supreme Court overturnedRoe v. Wade in Dobbs v. Jackson Women’s Health Organization.
Arizona Attorney General Kris Mayes, who has refused to defend the pre-statehood ban, declared the day before the oral arguments that the ban would relegate Arizonans to a lesser, premodern society.
“Arizonans cannot be shoved back to the 1860s,” said Mayes.
Tomorrow, the Arizona Supreme Court will hear arguments on the harmonization of two conflicting statutes on abortion. The consequences of this case are huge. Arizonans cannot be shoved back to the 1860s. https://t.co/rrfc7wI5AJ
Gov. Katie Hobbs encouraged voters to sign the ballot petition to legalize all abortion up to birth.
If you’re as outraged as I am that there’s a possibility for a Civil War-era abortion ban to go into effect in 2023, then take action right now and sign the petition to put a right to abortion on Arizona’s ballot next November by going to https://t.co/ZYodddLbWGpic.twitter.com/9NqlGdl3fX
Stepping up to defend the pre-statehood ban in Mayes’ stead and first to speak during Tuesday’s oral arguments was Jake Warner, an attorney with the Scottsdale-based conservative Christian legal organization, Alliance Defending Freedom (ADF).
Warner proposed that a certain continuity exists between the pre-statehood ban, which the court referred to as the “territorial law,” and the 2022 ban limiting abortions to 15 weeks’ gestation.
Per Warner, the pre-statehood ban imposes a certain authority on the 2022 statute: all abortions prior to 15 weeks must be life-saving, and that abortions after 15 weeks must not only be life-saving but based on a medical emergency. Warner said that the language of the 2022 statute gave express direction to give deference to the pre-statehood ban.
Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer didn’t appear convinced of the argument. The pair indicated that physicians would be confused by the two statutes.
"Arizona’s law affirms that life is a human right. I am hopeful that the court will uphold this life-saving principle." – ADF's Jake Warner pic.twitter.com/YmlmnV4zvy
On the subject of ectopic pregnancies — an oft-referenced terminal condition in the abortion debate — Warner said that physicians wouldn’t be punished for their removal, since ectopic pregnancies constitute a medical emergency and their removal constitutes a life-saving measure.
Warner said that the 2022 restriction doesn’t repeal the pre-statehood abortion ban, because it created no new right to an abortion. Brutinel posited that the legislative intent with the newer law was to legalize abortion up to 15 weeks’ gestation. Warner countered that the legislature’s intent with its 2022 restriction was to ensure that it protected unborn life to the greatest extent possible.
Justice Clint Bolick questioned how the current law doesn’t conflict with the territorial ban, challenging the implication that something that wasn’t able to be prosecuted prior to Dobbs could now be prosecuted. Likewise, Brutinel said that a physician couldn’t have been prosecuted for conducting abortions under the new law. Warner responded that the language of the 2022 statute only purports to regulate terminations after 15 weeks, not before.
Counsel for Planned Parenthood Arizona, Andy Gaona, argued that the state legislature has displayed a progressive permissiveness when it comes to allowable abortions. Gaona stopped short of declaring the existence of a right to abortion at the outset of his arguments, but did declare, repeatedly, that abortion constituted a form of health care in closing.
“We have never maintained the right to an abortion exists,” said Gaona. “Abortion is health care. I’m not sure anyone has ever said that in this courtroom.”
Planned Parenthood counsel closing remarks before the Arizona Supreme Court: "Abortion is health care. I'm not sure anyone has ever said that in this courtroom." pic.twitter.com/NKh4O6fD6v
Contrary to what Warner posited, Gaona argued that the 2022 law allows abortions up to 15 weeks without prosecutions, citing the previous court of appeals decision. Timmer asked whether the state legislature would need to declare a right to an abortion in order to permit that interpretation; Gaona responded that the legislature only needs to regulate criminal conduct to do so, arguing that criminal laws allow that which they don’t criminalize.
Bolick pointed out the 2022 law specifically referenced the territorial law in its construction:
“This act does not […] Repeal, by implication or otherwise, section 13-3603, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion,” stated the provision.
Gaona disagreed. He said that the court of appeals’ harmonization of the statutes didn’t repeal the pre-statehood law, even by removing prosecution, because the 2022 law now qualifies as the criminal prohibition for elective abortions. Gaona clarified that a physician couldn’t be prosecuted under the territorial statute, but could under the 2022 law if they conduct abortions after 15 weeks.
Gaona argued that a series of statutes that aren’t self-referential or fail to include language repealing an old statute qualify as an implied repeal. Gaona said that if the legislature’s intent was to resurrect the pre-statehood ban, it should’ve stated that clearly “and it clearly didn’t do that.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona’s only Jewish statewide elected official, Department of Education Superintendent Tom Horne, will testify on Tuesday morning at a House meeting concerning antisemitism in education.
Horne’s testimony will be heard by the House Ad Hoc Committee on Antisemitism in Education. Tuesday’s meeting will consist of public testimony. Chairing the committee is Rep. Neal Carter (R-LD15). The other committee members are Reps. Seth Blattman (D-LD09), Michael Carbone (R-LD25), Alma Hernandez (D-LD20), Consuelo Hernandez (D-LD21), Alexander Kolodin (R-LD03), Teresa Martinez (R-LD16), Barbara Parker (R-LD10), Jennifer Pawlik (D-LD13), Marcelino Quiñonez (D-LD11), and Julie Willoughby (R-LD13).
Horne warned last month that antisemitism is a burgeoning issue in the U.S.
“Antisemitism is rising across the country and especially on college campuses,” said Horne.
Following the escalation of the Israel-Hamas conflict with the Hamas terrorist attack in October, reports of antisemitic speech and activism in schools have became more frequent.
Last month, Horne addressed one widely publicized incident of a Desert Mountain High School club using materials from UNICEF and Amnesty International to encourage students to side with Hamas. Horne debunked various claims of pro-Palestine materials distributed by the club and its affiliates as propaganda, such as that Israel is an apartheid state and that Jewish peoples illegally obtained land in the Middle East following World War II.
“In none of this propaganda is there any reference to what happened on October 7, not a single reference. All of these kids have an obsession with libels against Israel and the Jewish people,” said Horne. “The actions of Hamas are a repetition of what happened during World War II, yet the materials that are presented by UNICEF and Amnesty International and used as propaganda in our schools make no mention of it at all.”
Hamas murdered over 1,400 innocent civilians on October 7, sparking an escalation in the Israel-Hamas conflict.
According to Horne, his parents fled Poland in September 1938, exactly one year before World War II broke out, because his father, an avid history reader, predicted that the Nazis would invade Poland. Horne shared that his father had warned his Jewish community at the time of the looming Nazi threat, but that not many listened. The remainder of the Hornes’ extended family abroad reportedly perished in the Holocaust.
“I’ve been a big advocate of teaching our students history because our immediate family survived because of my father’s knowledge of history and ability to interpret current events, and I believe that our next generation’s survival depends on their knowledge of history and their ability to interpret current events,” said Horne.
About a week later at the Arizona Board of Regents meeting, Horne turned his back on pro-Palestine protesters attempting to obtain the attention of him and other members.
Superintendent Horne will not tolerate antisemitism. When protestors started speaking in support of a terrorist organization at the Arizona Board of Regents meeting, he turned his back to hatred. pic.twitter.com/s2DTM6DSF5
The Arizona Department of Education (ADE) responded to the protest with condemnation for growing opposition to Jewish people and the defense of Hamas.
“The rise of antisemitism is alarming in our schools, and support for the terrorist group Hamas across the country can’t be accepted,” stated ADE.
Superintendent Horne's parents fled Poland in 1938. His entire extended family was murdered in the Holocaust. The rise of antisemitism is alarming in our schools, and the support for the terrorist group Hamas across the country can't be accepted. https://t.co/Sy6AOrlqYY
Gov. Katie Hobbs says that both parties are to blame for the worsening state of the border crisis.
During a weekend visit to the border in Lukeville, Hobbs called for an increase in bipartisan action to solve the torrent of illegal immigration that prompted the recent, sudden closure of the Lukeville Port of Entry.
“I’m not afraid to stand up to politicians on either side who aren’t doing what’s in the best interests in Arizona,” said Hobbs. “Now is not the time for partisan politics, it’s time for action.”
📍Lukeville Port of Entry
Here on the border to assess the situation on the ground first hand & to work with Border Patrol to get them the resources they need.
Hobbs repeated her earlier commitment to obtain reimbursement from the Biden administration for current and future state expenditures to handle the border crisis: over $512.5 million so far.
“Arizona has borne the brunt of federal inaction on our southern border for far too long,” said Hobbs.
Last Friday, Hobbs reversed course on sending the National Guard to the border, spending up to $5 million to do so.
The governor also announced the establishment of a new office within the Arizona Department of Homeland Security — Operation Safety, Enforcement, Coordination, & Uniform Response (SECURE) — using $2 million in funding from the American Rescue Plan Act.
3rd straight Monday in Lukeville. Welcome back everybody for the march of the migrants. pic.twitter.com/5sOiRYmQlm
As part of the increased action on the border, Hobbs sent a letter to President Joe Biden and Department of Homeland Security Secretary Alejandro Mayorkas to reassign over 200 Tucson Sector National Guard members to the Lukeville Port of Entry.
“Border security is a top priority of mine,” said Hobbs. “As long as I’m Governor, I will do everything I can to keep Arizonans safe — even when the federal government fails to act.”
Border security is a top priority of mine. As long as I’m Governor, I will do everything I can to keep Arizonans safe — even when the federal government fails to act.
Hobbs’ weekend visit and letter to the Biden administration marked the first major move for the governor to stymie the worsening border crisis.
The first month of the 2024 fiscal year, October, marked another record high in southern border encounters: nearly 241,000, an almost 10,000-person increase from October 2022 (the first month of the 2023 fiscal year) and a 76,000-person increase from October 2021 (the first month of the 2022 fiscal year).
Under Biden, there have been over 6.6 million encounters with illegal immigrants along the southern border. That’s more than the terms of former Presidents Barack Obama and Donald Trump combined — over a decade of encounters.
Under Trump, there were over 2.3 million encounters. Under both of Obama’s terms, there were over 3.3 million encounters.
