Another legal fight is brewing in the State of Arizona.
Last week, Senate President Warren Petersen announced that he had “given the greenlight for the Senate to file a lawsuit against the Biden administration for their unconstitutional land grab in Arizona.”
I've given the greenlight for the Senate to file a lawsuit against the Biden administration for their unconstitional land grab in Arizona.
The legislative leader followed up his newsworthy tweet with an in-depth press release on Monday, explaining his reasoning and plan of action for contesting the recent move from the White House. The release asserted that “the blatantly unconstitutional move of confiscating nearly a million acres of land within Coconino and Mohave Counties to designate as a ‘national monument’ is nothing more than a publicity stunt to appeal to his radical environmental base, while in tandem creating dire consequences for the livelihoods of our citizens, Arizona’s economy, as well as our nation’s energy supply.”
FOR IMMEDIATE RELEASE: President @votewarren Gives the Green Light for Arizona Senate to File Lawsuit Against Biden Administration for Unconstitutional Land Grab ⬇️ pic.twitter.com/5fwkuVVbww
In a statement, Petersen said, “Our nation as a whole is suffering under the incompetence of the Biden Administration, and I will not sit back while he issues another unlawful executive order harming Arizonans. It’s clear he has declared war on American energy production, as our citizens continue to feel the pain of $5 a gallon gas under his radical agenda. Now, he wants to cripple mining across the U.S. and further exacerbate our dependency on dangerous foreign nations for our energy supply, which will continue to drive up costs for taxpayers amid historic inflation.”
Petersen added, “Using the guise of creating a ‘Grand Canyon’ national monument in a remote area that is not even connected to the Grand Canyon is completely disingenuous. This move has nothing to do with protecting the Grand Canyon. It has everything to do with fulfilling his tyrannic desires to block responsible mining and agriculture production in an effort to cater to the extremists who elected him into office. I look forward to fighting on behalf of Arizona in court.”
The Senate President is “directing attorneys to identify all citizens, industries and local governments impacted by this gross overreach and to create a coalition to further examine the detrimental effects President Biden’s land grab is imposing on our state.” He shared that a “fact-finding phase is currently underway, with a goal of filing suit against the Biden Administration by the end of 2023 or early 2024.”
During his visit to Arizona last month, President Joe Biden established the Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument. In his signed proclamation, Biden wrote, “Protecting the areas to the northeast, northwest, and south of the Grand Canyon will preserve an important spiritual, cultural, prehistoric, and historic legacy; maintain a diverse array of natural and scientific resources; and help ensure that the prehistoric, historic, and scientific value of the areas endures for the benefit of all Americans.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The top prosecutor for Arizona’s largest county continues to take a tough stand against organized retail theft in her jurisdiction.
Last week, Maricopa County Attorney Rachel Mitchell announced that charges were being filed against an individual who allegedly robbed a jewelry store in Old Town Scottsdale.
The crime occurred in the late morning of September 1 at Marina Jewelers. People outside the store were alerted to the fact that a man running out of the store had purportedly stolen jewelry from the store, and acted to detain him until police arrived to make the arrest.
Mitchell revealed that the Maricopa County Attorney’s Office would be charging this individual with Class 2 Theft – in addition to other charges – because of the amount he tried to take from the store. The primary charge, she informed reporters, came with a mandatory prison sentence.
In her opening statement to the press, Mitchell explained that organized retail theft prosecutions have been a priority for her office – not only because of the impact on the businesses experiencing the direct heists – but because of the impact to the community, which includes empty buildings, and loss of jobs, services, or goods. She pointed out that the consequences of these crimes often affect poorer parts of town before trickling to more affluent neighborhoods, making it more difficult for consumers to acquire the goods and services they need for their everyday lives.
The County Attorney highlighted how other states and jurisdictions handle organized retail thefts – especially where prosecutors have set a threshold of $1,000 to activate charges. She emphasized to any potential or current criminals who may be watching: “in Arizona that has not been done.” Her office is willing to prosecute some cases, when appropriate, as felonies.
During her opening remarks, Mitchell twice stated that “this is not the state you want to be in to mimic the behavior you see on the news in other parts of the country, such as Los Angeles.” She referred to Los Angeles as a “hellscape,” in part, due to its lax standards for holding criminals accountable for their organized retail theft offenses.
From County Attorney @Rachel1Mitchell: "This is not the state you want to be in to mimic the behavior that you are seeing on the news in other parts of the country, such as Los Angeles." pic.twitter.com/Bhgl8GpOmY
— Maricopa County Attorney's Office (@marcoattorney) September 7, 2023
Later in her press conference, Mitchell returned to this issue of organized retail theft due to a reporter’s question. Mitchell shared that when she took office, she “felt like our specialized retail theft prosecutors were limited to too high of a dollar amount before they could get involved,” noting that some of these lawbreakers commit smaller offenses at place after place. She informed her audience that upon taking office, one of her initial acts was to lower the value threshold to allow her prosecutors to get involved in the cases earlier, and the second was to create a task force within the Maricopa County Attorney’s Office and link their efforts with those of the Arizona Retailers Association.
Mitchell promised that her office is continuing to look at ways to reduce the instances of organized retail theft in the county and to make sure that her jurisdiction does not become like Los Angeles.
In July 2022, the Maricopa County Attorney’s Office formed an organized retail theft taskforce, featuring “a group of specialized prosecutors and detectives who will work with local law enforcement and the Arizona Retailer’s Association to address criminal acts involving organized retail theft.” Mitchell at that time said, “Retail stores are being devasted by groups who recklessly and intentionally take what they want and leave destruction in their wake. Many are organized gangs who have found new funding sources with stolen merchandise and the impact of this affects everyone of us.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizonans may have gained valuable insight into the future direction of their state – thanks to a surprising action from a neighboring state.
Last week, New Mexico Governor Michelle Lujan Grisham signed an Executive Order to declare a State of Public Health Emergency due to gun violence. According to the New Mexico Governor’s Office, Grisham’s action plan “includes a suspension of open and concealed carry laws in Bernalillo County, temporarily prohibiting the carrying of guns on public property with certain exceptions.”
Today, I signed an executive order declaring gun violence a public health emergency. To my fellow citizens: get loud. Step up. Demand change: from your neighbors, from your friends, from your communities, from your elected leaders. Enough is enough. More coming from me tomorrow. pic.twitter.com/jOt4fv4YDC
The move from the New Mexico Governor was met with both support and opposition, with even members of her own party taking issues with what or how the governor was using her executive powers in this situation.
While Grisham’s order was controversial enough, the Arizona House Democrats Caucus created news of its own by appearing to post an endorsement of the action.
Arizona Republicans currently hold slim majorities in both the state’s House and Senate chambers, but both political parties are vying for control of the Legislature in the next election. With a Democrat Governor at the helm of the state, a Democrat takeover of the state legislature would likely have serious repercussions from a policy standpoint, which would undoubtedly include some proposal or action against Second Amendment freedoms.
Republican Maricopa County Attorney Rachel Mitchell was quick to respond to the House Democrats’ post, vowing to see them in court if it ever came to that point on this issue of restricting Arizonans’ constitutional freedoms.
— County Attorney Rachel Mitchell (@Rachel1Mitchell) September 9, 2023
The General Counsel for the Arizona House Republicans, Linley Wilson, added, “Who’s going to tell them? Or maybe they already know that in addition to the AZ & U.S. constitutions, ARS 26-303(L) has been on the books in Arizona since 2007. Fun fact: the AZ House vote on SB 1258 to protect 2A rights during an ‘emergency’ was 55-0-5.”
Who’s going to tell them? Or maybe they already know that in addition to the AZ & U.S. constitutions, ARS 26-303(L) has been on the books in Arizona since 2007. Fun fact: the AZ House vote on SB 1258 to protect 2A rights during an “emergency” was 55-0-5. https://t.co/ZKcqj0C3UBpic.twitter.com/lnElXTaWv1
Jonathan Turley, a legal analyst and national columnist, opined on the latest from New Mexico, writing, “The order, in my view, is flagrantly unconstitutional under existing Second Amendment precedent. It could also be a calculated effort to evade a ruling by making the period of suspension so short. Many will of course celebrate the boldness of Grisham in taking away an individual right under a cleaver measure. It is, however, too cleaver by half. If not found moot at the end of the period, New Mexico could supply a vehicle to curtail future public health rationales.”
The order, in my view, is flagrantly unconstitutional under existing Second Amendment precedent. It could also be a calculated effort to evade a ruling by making the period of suspension so short…https://t.co/aURAa8Ict9
Arizona Senator Frank Carroll also weighed in on the New Mexico Governor’s decision, saying, “I’m appalled at what has transpired in the great state of New Mexico. Their radical Democrat Governor is setting a dangerous precedent by violating their law-abiding citizens’ constitutional right to protect themselves, their family, and their property against dangerous criminals. Every single American should be outraged at the reckless political agenda that continues to be forced by the Left to control you and undo the principles of freedom, liberty and democracy established by our nation’s Founding Fathers.”
FOR IMMEDIATE RELEASE: @RepFrankCarroll Condemns New Mexico's Ban on Guns, Vows to Protect Arizonans from Deliberate Violation of Constitutional Rights ⬇️ pic.twitter.com/VoVMjOyfAd
The state’s Senate President, Warren Petersen, made it abundantly clear that a Republican-led Legislature would not stand for such a measure from the governor, stating, “Criminals will be emboldened by the executive order issued by New Mexico’s governor. Law abiding citizens will be left unarmed as criminals ignore the law and paper executive orders. Takes a good guy with a gun to stop a bad guy with a gun. Takes good force to stop evil force.”
Criminals will be emboldened by the executive order issued by New Mexicos governor. Law abiding citizens will be left unarmed as criminals ignore the law and paper executive orders. Takes a good guy with a gun to stop a bad guy with a gun. Takes good force to stop evil force.
An internet search engine giant is making a significant investment in the Grand Canyon State.
Last week, Google unleashed a significant announcement, revealing that it would soon be constructing a $600 million data center in Mesa, marking the first time the company has put down physical roots in Arizona.
Governor Katie Hobbs, who attended the event with Google executives and other local leaders, issued the following statement to commemorate the news for her state: “Google’s investment in Arizona will be critical for the Mesa community and our state’s economy. Arizona continues to attract global technology leaders due to our skilled workforce, dynamic economy and focus on innovation. We are proud to welcome Google to Arizona and look forward to the many opportunities this partnership will bring.”
Google's $600 million investment in a new Mesa data center is a great example of how Arizona is leading the way in sustainable growth while creating good paying jobs in the process. There is no better time or place to invest in technology and innovation than right here and right… pic.twitter.com/ouUEMto0DT
Mesa Mayor John Giles added, “The City of Mesa is thrilled to welcome Google to our community. Google’s decision to designate Mesa as the home for its first facility in Arizona underscores its profound confidence in our city and residents.”
Mesa will be home to @Google's first facility in AZ, with an over $600 million investment into our community. Our city is a great place to locate a business and we continue to compete on a global scale. We look forward to a strong relationship with Google. https://t.co/rq9Nk76AHJpic.twitter.com/7k2bMyaf0R
According to a release published by the City of Mesa, “the new Mesa data center will help power popular digital services – like Google Search, Gmail, Maps, Google Cloud, and others – for people and organizations worldwide.”
The Vice President for Google’s Data Centers, Joe Kava, said, “We are proud to put down roots in Arizona with both the data center in Mesa and the Phoenix cloud region. Not only do data centers help keep digital services up and running for people and businesses, they are economic anchors in the communities where we operate. We are appreciative of the continued partnership with the local leadership across the state.”
In addition to the multi-million-dollar infrastructure project, Google revealed that the Phoenix area would soon be welcoming “a new Google Cloud region to complement its existing network of regions around the world, bringing Google Cloud technologies closer to local customers – ranging from small, medium and large businesses to public sector entities and other organizations – to help them deliver digital services to their own users more reliably and at higher speeds.”
The Arizona Governor’s Office stated that “Google’s Mesa facility is the first data center in the United States to use zero-water cooling and has announced plans to be completely carbon-free and pursue net-zero emissions across its operations by 2030.”
Per an internal economic report, Google “helped provide $11.43 billion of economic activity for tens of thousands of Arizona businesses, publishers, nonprofits, creators and developers in 2022,” and “more than 367,000 Arizona businesses used Google’s free tools to receive phone calls, bookings, reviews, requests for directions and other direct connections to their customers.” Google also “provided $15.55 million of free search advertising to Arizona nonprofits through the Google Ad Grants program in 2022.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On Monday, the Ninth Circuit Court of Appeals heard oral arguments in a lawsuit arguing against the state’s ban on abortions solely for genetic defects.
In the case, Isaacson v. Mayes, pro-abortion doctors and groups appealed the district court’s denial of a preliminary injunction against Arizona’s ban on abortions based on genetic defects.
The legislature passed the ban, SB 1457, back in 2021.
The plaintiffs in the lawsuit against the ban are abortionists Paul Isaacson and Eric Reuss, along with the National Council of Jewish Women, Arizona National Organization For Women, and Arizona Medical Association.
Isaacson was a Phoenix-based abortionist with Family Planning Associates. Reuss was a Scottsdale-based OBGYN and former board member for Planned Parenthood of Arizona.
Judges Roopali Desai, Ronald Gould, and Andrew Hurwitz heard the oral arguments. While Desai and Hurwitz were engaged in the arguments with their questions, Gould hardly spoke except to request an adjustment of the livestream audio.
In March, House Speaker Ben Toma (R-LD27) and Senate President Warren Petersen (R-LD14) stepped up to defend the ban after Attorney General Kris Mayes said she would refuse to enforce the law. Mayes is acting as the defense in the lawsuit currently.
During Monday’s oral arguments, the main question at hand was whether the plaintiffs had Article III standing. Article III of the Constitution, as held by the Supreme Court, requires plaintiffs to prove an actual or imminent alleged injury that is concrete and particularized.
Jessica Sklarsky with the Center for Reproductive Rights argued on behalf of the plaintiffs that they suffer undisputed economic harms and threat of prosecution due to the abortion ban. The district court determined that the plaintiffs failed to meet the standard set by the 2014 Supreme Court case Susan B. Anthony List v. Driehaus, which determined that pre-enforcement challenges satisfy the Article III standard and are justiciable when a statute’s enforcement is sufficiently imminent.
Sklarksy also argued that the abortion ban qualified as a vague law, and therefore violated due process rights.
“Vague laws force those they govern to either avoid doing anything that is arguably covered by the law, or to engage in that conduct with the constant threat of arbitrary enforcement,” said Sklarsky.
Denise Harle with Alliance Defending Freedom (ADF), counsel on behalf of Toma and Petersen, countered that no Article III injury exists due to the lack of a credible threat of enforcement.
Harle pointed out that all 15 county attorneys have acceded their authority to Mayes, and that Mayes has disavowed enforcement of abortion law. Harle also pointed out Gov. Katie Hobbs’ executive order in June usurping all county attorneys’ authority on abortion law and conferring it to Mayes.
Hurwitz and Desai pushed back against Harle’s reference to Mayes and Hobbs’ conduct, arguing that Mayes didn’t issue a disclaimer in this case specifically detailing her intent to not enforce the law.
Hurwitz indicated that Toma and Petersen’s support of the law, as well as the private enforcement aspect of the law, indicated a credible threat of enforcement.
“Does the law really require that a credible threat be communicated? If the state of Arizona passes a statute and the two leaders of the legislature are here defending its constitutionality, isn’t that enough to show there is a credible not a certain but a credible threat of enforcement?” asked Hurwitz.
Harle disagreed, saying the potential for private enforcement constituted a hypothetical. She alluded to the arrangement by Hobbs and Mayes to not enforce abortion law.
“[T]he theoretical possibility of an injury sometime in the future is too conjectural when it’s not imminent,” said Harle.
Desai followed up by stating that the court’s decision in Tingley v. Fergusoncould apply to this case. In that case, a family counselor challenged the state of Washington’s ban on conversion therapy as a violation of free speech and religious practice. Harle responded that the existence of a law alone wasn’t sufficient for direct injury.
“Virtually anyone could look at a law, say ‘I’m not sure what that means, I’m going to do something or not do something’ [and] that would be enough for a federal court to weigh in and adjudicate the merits of that claim on a facial challenge,” said Harle.
Watch the full hearing here:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Department of Defense (DOD) headed to Arizona State University (ASU) this week to seek out more diversity hires.
On Tuesday and Wednesday, the Biden administration’s DOD came through its Taking the Pentagon to the People Program (TTPTTP) initiative. The program was created by the DOD’s Office for Diversity, Equity, and Inclusion (ODEI).
In a press release, ASU advised students that the DOD was seeking out a “diverse workforce.” ASU executive vice president and chief operating officer, Chris Howard, said that the Pentagon was aiming for “inclusive excellence.”
According to a DOD Equity Action Plan from last April, TTPTTP’s express purpose is to “improve racial equity in the U.S., and bolster the ranks and presence of minorities working in DOD.”
The following includes the speakers and recruiters present at the event:
Air Force Civilian Services: Kristine Billings, Affirmative Employment program manager;
Air Force Personnel Center: Ed Bujan, Force Renewal Programs chief recruiter; Crystal Garza, Force Renewal Talent Management Branch Diversity and Inclusion program manager;
Arizona Army National Guard HQ: Lance Leon, executive officer;
Army Combat Capabilities Development Command: Michael Bailey, acting director; Ja-Neen Owens, Technology Integration and Outreach Branch HBCU/MI program manager;
Army Intelligence and Security Command HQ: Michael Nilius, senior exploitation analyst;
DOD Civilian Personnel Advisory Service: Desiree Seifert, associate director; Bruce Bixby, HR Specialist;
DOD Counterintelligence and Security Agency: Israel Sanchez, recruiter; Kevin Lukacs, Developmental Division Team Chief;
DOD Diversity Management Operations Center: Victoria Bowens, Diversity & Inclusion associate director;
DOD Finance and Accounting Service: Maylene Vazquez de Jesus, DFAS Limestone career programs coordinator; Michelle Lugo-Bonet, DEI program manager;
DOD Human Resources Activity: LaTasha Dawkins, Senior Disability Program manager; Sam Drummond, Workforce Recruitment Program director;
DOD Institute of International Education: Michael Saffle, Boren Awards Program specialist;
DOD Language & National Security Education Office: Larry Rentz, principal consultant with Rentz Group;
DOD Logistics Agency: Honney Barner, PEO Strategic Communications & Collegiate Partnerships director; Martina Miles Johnson, R&D operations integrator;
DOD Office of Force Resiliency: Olivia Logan, Violence Prevention Cell communications specialist;
DOD Office of the Under Secretary of Defense for Personnel and Readiness: Charmane Johnson, ODEI;
DOD SMART Scholarship Program: Corinne Beach, deputy program manager;
DOD Threat Reduction Agency: Daisy Valentin, Outreach Program manager; Rudy Chavez, Test Diagnostics Branch engineer; Kiran Shah, Test Diagnostics Branch chief; Jesus Elias, Human Resources Division ABQ chief; Sharon Morrow, small business director; MiChele Stevenson, Mentor-Protege Program manager;
Department of the Air Force: Ed Bujan, Force Renewal Programs chief; Crystal Garza, Diversity and Inclusion program manager;
Department of the Navy: Cache Carter, FA Staffing and Classification section head;
National Guard Bureau: Jacqueline Ray-Morris, DEI Special Emphasis Programs Equal Employment Opportunity manager;
Naval Criminal Investigative Service: Shelagh Hopkins, intern program specialist; Sam Tubb, NCIS Pacific Operations desk officer; Eric Powers, field training agent/investigator;
Office of the Secretary of the Air Force: Jenise Carroll, Office of Diversity and Inclusion deputy director;
Office of Naval Research: Michael Simpson, Naval STEM Grants Program Officer;
Prevention Workforce Representative: Elizabeth Gaylor, prevention researcher; Laura Neely, senior research psychologist; Olivia Logan, communications specialist;
U.S. Army Intelligence and Security Command HQ: Rita Scamurra, HR specialist; Ken Schimpf, offensive cyber capability developer; Michael Nilius, senior exploitation analyst;
Washington Headquarters Services: Mary Michelle Eveleigh, Human Services Directorate Talent Acquisitions and Outreach Branch chief recruiter;
White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics: Melody Gonzales, executive director; Emmanuel Caudillo, Management and Program analyst; Kevin Lima, deputy director; Jasmin Chavez, confidential assistant
Work-Life and Special Programs Division: Mininia Hawkins, Work-Life and Special Programs Division chief
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
