by Daniel Stefanski | Jun 27, 2023 | News
By Daniel Stefanski |
Arizona’s Republican-led Legislature is taking action after the state’s Democrat governor’s attempt to legislate by executive order when it comes to abortion.
On Monday, Senator Jake Hoffman, the Chairman of the Committee on Director Nominations, announced that he was canceling the next hearing “with support of the Republican Majority serving on the committee to determine Hobbs’ future intentions to further act beyond her authority.”
The Committee had been formed in February by Arizona Senate President Warren Petersen, who tasked the members with “gathering information and evaluating qualifications on the governor’s executive appointments in order to recommend a course of action for the Senate to take on each individual.” This committee had been created alongside the governor’s reticence to send many of her nominations to the Senate as required by state law.
The three Republican members of the committee – Hoffman, Sine Kerr, and T.J. Shope – sent a letter to Hobbs on Monday, informing her that she holds “the office of Governor in Arizona, not of monarch.” They wrote that her Friday executive order shows “a blatant disregard for constitutional separation of powers” by attempting “to seize lawmaking duties from the Legislature and law interpretation authority from the United States Supreme Court.”
These Republicans requested a meeting with the Hobbs’ administration “to discuss any additional unlawful overreach (her) office intends to take requiring complicity from Executive Directors,” telling the governor that they have “grave concern that the direction (she) intends to provide to (her) nominees will not allow them to fulfill this obligation (of thoroughly and objectively evaluating nominees for their commitment to execute Arizona laws, rather than create new public policies that conflict with the constitutionally established separation of powers).”
A Senate Republican Caucus spokesperson told AZ Free News that the chamber has received 21 director nominations from Hobbs, with 12 awaiting their confirmation hearings.
Hoffman released the following statement in conjunction with the release, saying, “Katie Hobbs’ reckless abuse of power and willful disregard for the separation of powers established by the Arizona Constitution sets a dangerous precedent that will not be tolerated by the Republican Majority within the Legislature. The Senate Committee on Director Nominations was created to honestly, accurately and thoroughly vet directors appointed by the Governor to critical state agencies so that only highly qualified, non-partisan individuals seeking only to serve the best interests of our citizens within the confines of these roles are confirmed. Their duty is to follow statute as prescribed by the Legislature. We are now forced to redirect our attention, from confirming directors and creating good policy for the people of Arizona, to examining the fallout of Hobbs’ unconstitutional maneuver, as well as the likelihood of future overreaches of her authority.”
Shope also issued a comment on the action from the Committee’s Republicans, stating, “Hobbs undermining our democracy by ordering these state agency Directors to act illegally is a clear violation of the constitutional separation of powers. Instead of working with Republican lawmakers on the issues that matter to our citizens, like crippling inflation, gas prices, housing costs, public safety and water security, Hobbs is gleefully attempting to circumvent the Legislature. We can’t in good faith be an accomplice to her radical and unlawful agenda.”
The third Republican on the Committee, Kerr, wrote, “We have serious concerns this Governor will put her Directors in the difficult position of choosing to follow the law or choosing to follow her unconstitutional directives. The important work of the Committee on Director Nominations cannot continue until we have assurances from the Governor that she will cease her attempts to circumvent the laws of this state and the rulings of the United States Supreme Court.”
Arizona Senate Democrats quickly pushed back on Hoffman’s revelation. Senate Democratic Caucus Chair Lela Alston issued a statement, writing, “Senator Jake Hoffman has once again shown his disregard for government and everyday Arizonans. By failing to schedule the confirmation hearings for the Governor’s nominees, he shows how ineffective and partisan the Republican party in Arizona truly is. I am disgusted by this move of extremism and call on his leadership to rectify his foolish actions.”
Another Senate Democrat leader, Caucus Whip Eva Burch, also weighed in on the Republicans’ action, saying, “Our job as elected officials is to serve the people of Arizona, not to engage in political sport to try to sabotage politicians we disagree with. The move to cancel all nominating committees is a disservice to the people who elected us to get these things done. Leaving our departments with uncertainty and without established leadership is irresponsible. It’s time to do our jobs and work together effectively and responsibly.”
Hobbs’ Friday news dump caught most Republicans by surprise but didn’t limit the outrage and resolve from pro-life officials and advocates over the weekend. Arizona House Speaker Ben Toma told AZ Free News that “the Governor cannot unilaterally divert statutory authority to prosecute criminal cases from Arizona’s 15 county attorneys to the Attorney General.” President Petersen opined that “this is another do-nothing executive order meant to pander to her liberal base and create unnecessary division on polarizing topics.” Center for Arizona Policy President, Cathi Herrod, asserted, “The law does not allow her to strip county attorneys of their clear enforcement authority as granted in various Arizona laws.”
Earlier this year, Republican leaders at the Arizona Legislature celebrated their “successful intervention(s) in cases to defend state laws and fight against federal overreach.” One of those cases was the SB 1457 (or Isaacson) litigation, where “a federal court granted Speaker Toma’s and President Petersen’s motion to intervene to defend a law that prohibits abortions based solely on a child’s genetic abnormality after Arizona Attorney General Mayes stated she would not defend the law.”
Hoffman’s decision to cancel Tuesday’s hearing will likely not be the last of the actions legislative Republicans could take to stand against Hobbs’ executive order.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 26, 2023 | News
By Daniel Stefanski |
Arizona’s reliably pro-life status is getting whiplash this week thanks to its Democrat Governor’s efforts to legislate by an executive order.
Last week, as the nation prepared for the anniversary of the landmark opinion from the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, Arizona Governor Katie Hobbs worked to remake the state’s pro-life reputation and to reclaim her standing within the Arizona Democrat Party as a devoted champion of its platform.
First, Governor Hobbs held a Thursday press conference to announce her support for future passage of the Arizona Right to Contraception Act. The governor tweeted, “Reproductive freedoms are under threat. That’s why I was proud to join Rep. Athena Salman to announce my support for the Arizona Right to Contraception Act, which will ensure all Arizonans have the right to access birth control. I will never back down in the fight to protect our freedoms.”
Representative Salman was thrilled with the governor’s endorsement of her legislation, writing, “Thank you Governor Hobbs for your leadership in protecting our reproductive rights and freedom. Birth control is a human right with overwhelming public support. The Arizona Right to Contraception Act will enshrine this right into law for every family in our state.”
This bill is likely to languish in the Republican-led Legislature next session – as was indicated by the Speaker Pro Tempore for the Arizona House of Representatives, Travis Grantham, who tweeted, “Dead on Arrival.”
Hobbs saved her most noteworthy action for the end of the week, though, signing an executive order that would “centralize all abortion-related prosecutions under the Attorney General to ensure differences in application of the law by county attorneys do not restrict access to legal abortions.”
Democrat Attorney General Kris Mayes cheered on this move by the governor, tweeting, “Together, Governor Hobbs and I will continue to do what the voters of Arizona elected us to do – fight like hell to protect the rights of Arizonans to make their own private medical decisions without interference.”
The governor’s order also “directed state agencies to not assist in any investigations relating to providing, assisting, seeking or obtaining reproductive health care that would be legal in Arizona; and established the Governor’s Advisory Council on Protecting Reproductive Freedom to make recommendations that expand access to reproductive healthcare in Arizona.” She also highlighted that “Arizona will decline extradition requests from other states seeking to prosecute individuals who provide, assist, seek or receive abortion services legal in Arizona.”
Republicans were quick to assail Hobbs’ order and highlight the potentially tenuous nature of this action. Arizona House Speaker Ben Toma told AZ Free News that “We are thoroughly reviewing the executive order to determine its legality. At a minimum, this order shows disrespect and contempt for the judiciary. Arizona’s abortion laws are still in litigation in light of the Supreme Court’s historic Dobbs ruling. The Governor cannot unilaterally divert statutory authority to prosecute criminal cases from Arizona’s 15 county attorneys to the Attorney General.”
Senate President Warren Petersen also weighed in on the governor’s order, telling AZ Free News: “Instead of focusing on pressing issues everyday Arizonans are struggling with, like inflation and the economy, Hobbs is setting a dangerous precedent by pulling a PR stunt to appeal to special interest groups and attempting to usurp law enforcement. In the end, this is another do-nothing executive order meant to pander to her liberal base and create unnecessary division on polarizing topics.”
Senator Jake Hoffman told AZ Free News that “This partisan PR stunt by Katie Hobbs is a gross, unconstitutional overreach intended to do nothing more than pander to her far-Left extremist base, and distract from her pathetic track record of failure, chaos, and instability. From getting rolled on the budget to historically high turnover of her senior staff, Hobbs continues to demonstrate how politically and intellectually weak she is with these halfcocked schemes that will never hold up in court.”
Freshman Republican Representative Cory McGarr tweeted, “The sitting governor does not have the authority to make law! Lawless tyrants and authoritarians abuse their power and abuse the people by stripping away their representation through the legislature. This can not stand.”
Former Arizona Attorney General candidate Abe Hamadeh, who is still engaged in litigation over his historic, razor-thin defeat to Mayes last November, also condemned the governor’s order, saying, “Lawless government. The legislature makes laws, not the executive branch unilaterally.”
In a press release, Cathi Herrod, President of the Center for Arizona Policy, pointed out that state law likely does not bestow the power that the governor took upon herself in this executive order. Herrod stated, “Arizona law, A.R.S. 41-101, Section 8 states that the governor ‘may require the attorney general to aid a county attorney in the discharge of his duties.’ Aid does not mean supplant or replace. In her zeal for abortion, Gov. Hobbs has exceeded her authority as governor. The law does not allow her to strip county attorneys of their clear enforcement authority as granted in various Arizona laws. On the anniversary of Dobbs, the better approach would be for Gov. Hobbs to fulfill her pledge to serve all Arizonans, starting with coming together to find ways to serve the needs of pregnant women.”
These actions from Hobbs may signal an abrupt end to Arizona’s standing as one of the most pro-life states in the nation, leaving behind a strong body of work from the state’s past two governors and attorneys general. After the Dobbs decision last year, then-Governor Doug Ducey posted, “I am proud that Arizona has been ranked the most pro-life state in the country. Here, we will continue to cherish life and protect it in every way possible.”
Former Arizona Attorney General Mark Brnovich was a staunch defender of life during his two terms in office. Most notably, Brnovich took his defense of SB 1457, which prohibited discriminatory abortions based on genetic abnormalities, to the U.S. Supreme Court. After the high court granted the Attorney General’s request to allow this law to go into effect in June 2022, Brnovich stated, “I am pleased with today’s ruling and proud to defend Arizona’s law that protects the unborn.”
Earlier this year, Republican leaders at the Arizona Legislature celebrated their “successful intervention(s) in cases to defend state laws and fight against federal overreach.” One of those cases was the SB 1457 (or Isaacson) litigation, where “a federal court granted Speaker Toma’s and President Petersen’s motion to intervene to defend a law that prohibits abortions based solely on a child’s genetic abnormality after Arizona Attorney General Mayes stated she would not defend the law.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Jun 24, 2023 | News
By Corinne Murdock |
Gov. Katie Hobbs exercised her executive authority to take the enforcement of abortion law into her own hands.
On Friday — almost one year to the day that the Supreme Court overturned Roe v. Wade via Dobbs v. Jackson Women’s Health Organization — Hobbs issued an executive order rescinding county attorneys’ authority to prosecute in abortion-related cases, instead granting sole authority to Attorney General Kris Mayes. In a statement, Hobbs characterized abortion as a “fundamental right.”
“I signed an Executive Order protecting Arizonans’ reproductive freedom,” said Hobbs. “I will not allow extreme and out of touch politicians to get in the way of the fundamental rights of Arizonans.”
In addition to strengthening control over abortion prosecutions, Hobbs’ executive order directed state agencies to not assist in investigations relating to those who provide, assist, seek, or obtain abortions; banned compliance with other states’ extradition requests for those who provided, assisted, sought, or received an abortion where illegal; and established an advisory council to formulate strategy on expanding abortion access.
The executive order declared that abortion restrictions and bans were inimical to equity for those who get the most abortions: non-white, disabled, and poor individuals. The order also declared abortion as a form of freedom.
“[L]imitations on access to reproductive healthcare disproportionately impact people of color, people who live in rural and tribal communities, people with low incomes, and people with disabilities,” stated the order.
READ THE EXECUTIVE ORDER HERE
In addition to abortions, the Governor’s Advisory Council on Protecting Reproductive Freedom will be charged with expanding access and implementing equitable solutions concerning sexual and reproductive health care resources. Hobbs will appoint the council chair and members. The executive order noted that the council would “reflect the diversity” of Arizona to include indigenous, rural, and LGBTQ+ members.
Planned Parenthood, an abortion provider which also offers sexual and reproductive health care items, expanded their resources over the past year to include gender transition drugs like puberty blockers and hormone replacement therapy.
Pro-life groups challenged Hobbs’ statutory authority behind the executive order immediately.
In a press release, Center for Arizona Policy claimed that state law only allows for the attorney general to aid county attorneys in their duties — not replace them.
“Arizona law, A.R.S. 41-101, Section 8 states that the governor ‘may require the attorney general to aid a county attorney in the discharge of his duties.’ Aid does not mean supplant or replace. In her zeal for abortion, Gov. Hobs has exceeded her authority as governor,” stated Herrod. “The law does not allow her to strip county attorneys of their clear enforcement authority as granted in various Arizona laws.”
Hobbs preceded the executive order with an announcement of support for the Arizona Right to Contraception Act on Thursday.
Arizona law currently bans abortion after 15 weeks’ gestation.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Cathi Herrod | May 16, 2023 | Opinion
By Cathi Herrod |
What does abortion have to do with the transgender movement? Nothing. But leftist activists are trying to convince us that abortion includes so-called “gender-affirming care.” Planned Parenthood and others have been pushing the message over social media and elsewhere in an effort to get people used to the idea. Why? One reason is that Planned Parenthood admits it is the second largest provider of puberty blockers and cross-sex hormones in the country. Read their own documentation here. And read these two reports that reveal the lucrative connection between the abortion giant and the transgender movement.
But it is also building their culture of death and destruction. I’m not saying they all see it that way, but pushing for abortion up to birth and the physical and psychological destruction of teens and even pre-teens in the name of “equality” is evil.
Polls show a large percentage of Americans do not support transitioning children with hormones or surgeries. So, leftists are hiding it in ballot measures and writing it into laws. In Ohio (potentially on the 2023 ballot) and Michigan (passed in 2022), the abortion ballot measures are so deceitfully written, it takes an attorney to figure out that both measures would allow abortion up to birth and include sex changes for children without parental consent. Read them here and here.
I will use italics below to indicate the language they use to underhandedly include sex changes, even for minors.
Ohio’s measure uses the term individual to covertly include children, and “reproductive decisions… not limited to … abortion” to covertly include sex-changes. If this was an abortion measure, it would just say that, and it wouldn’t include this kind of language that other states are defining as so-called “gender-affirming care” and courts will look to for direction.
Michigan’s constitutional amendment calls reproductive freedom a right and includes sterilization but is not limited to abortion. It, too, uses the term individual instead of woman or adult to ensure even children can get abortions or sex changes without parental consent.
Ohio’s and Michigan’s measures read a bit like Oregon’s proposed law and Colorado’s recently signed laws. Read here and here to see how the news media are using the Left’s language, and how the definition of reproductive freedom/decisions are being defined to include so-called “gender-affirming care.”
In very progressive states like New York, the abortion industry can get away with spelling it out in plain language, “… rights to an individual based on their ‘pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” It includes ethnicity, disability, age, and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” The key words here say it all and will be used to set a standard for defining “reproductive healthcare/freedom” or “reproductive decision” throughout the country.
Maryland, same thing. The measure uses “reproductive freedom” instead of abortion, not just to make it sound better to voters, but so they can include sex changes. It calls “reproductive freedom” a fundamental right and says that right includes ending a pregnancy but is not limited to abortion. It goes on to ensure individuals (not just adults) have a right to reproductive liberty. So, although Maryland didn’t write it out as blatantly as New York, the language it did use allows the same thing: abortion to birth and sex changes, even for children.
Also, in states that are moderate or conservative, the abortion industry includes a limitation to abortion, but then takes it all back with near universal exemptions. More on that below.
- So, when you see “reproductive healthcare/freedom/liberty,” “autonomy,” “reproductive decisions,” or “not limited to…” think sex-change drugs and surgeries. Because that’s how the courts will read it.
- If the language uses “individual” or “person,” think no age limit; it includes children at any age for both abortion and sex changes.
- If the abortion language sets a limit at viability or some other gestational age, check the exceptions! These ballot measures include exceptions for the “health of the mother.” Courts have interpreted that phrase to include emotional or mental health, and thereby allow abortions at any stage if the woman simply feels distressed. This has always been understood to mean no limits up to birth if the woman wants it, and the abortionist (self-servingly) signs off.
It’s there, but it takes a skilled attorney to connect the dots. The abortion industry knows most Americans do not support sex-change surgeries in state law, especially for children. And most Americans also do not support abortion up to birth. The industry knows these facts—that is exactly why they use crafty language to hide such extreme policies under vague wording and then redefine that language elsewhere.
One more thing: They will always cloak the measure in the nicest title:
- “The Right to Reproductive Freedom with Protections for Health and Safety”
- “Equal Protection of Law Amendment”
- “Right to Reproductive Freedom Amendment”
Cathi Herrod is the president of Center for Arizona Policy (CAP), a nonprofit advocacy organization committed to promoting and defending the foundational principles of life, marriage and family, and religious freedom.
by Pat Nolan | Apr 6, 2023 | Opinion
By Pat Nolan |
Governor Hobbs has proposed a budget that is a radical’s dream. It increases funding for a laundry list of pet programs of the radical left, while at the same time cutting programs that are supported by the vast majority of Arizonans. The Hobbs budget expands funding for illegal immigrants and increases taxpayer funding of abortions. At the same time, Hobbs would kill the expansion of our popular parental school choice program and defund the Border Strike Force.
House Majority Leader Leo Biasiucci describes the Hobbs budget: “Attacking school choice, peddling state-funded abortions, and incentivizing illegal immigration in Arizona are all non-starters and, frankly, something you’d expect to see proposed by a politician in California, not Arizona.”
In response to Hobbs’ radical budget, Republicans passed a responsible, “baseline budget” which would continue state spending at last year’s budget levels, with adjustments to education and health care programs to account for inflation. When asked if Hobbs would reject the baseline budget Rep. Biasiucci responded, “If she does that, it’s party politics. This is everything we need to make sure that schools don’t shut down, make sure government stays open, make sure all our essential services stay open while we figure out what we need to do with the rest of the money.” Unfortunately, Hobbs vetoed the legislature’s reasonable budget. She is playing a game of chicken, threatening a government shutdown.
If Republicans stay united, the taxpayers will be protected from the free-spending Democrats. Given the one-vote margin in each house, we can’t afford to lose a single Republican vote. To protect us from Hobbs’ costly budget, it is essential that Republicans stick together.
I have heard disturbing reports that some Republicans are quietly signaling they are willing to cut a deal with the Democrats behind the backs of their leadership. That would severely weaken the bargaining position of Republicans as they negotiate for smaller government. More important, it would betray their constituents who voted for them based on their promises to limit the growth of state government.
Why on earth would Republicans be willing to cave to the Hobbs budget? There are a couple of possibilities. They could trade their votes for a pet project. Or they could be self-promoters with a messianic complex seeking acclaim from the liberal press as “rising above the partisan bickering.”
Believe it or not, it could happen here in Arizona. Around the country and in Congress, turncoat Republicans have made side deals to expand government spending. And though it seems odd, these quislings frequently represent “safe” Republican districts. Senator Romney comes to mind, and he is not alone.
In California, back when Jerry Brown was governor, a Republican representing the most Republican district in the state voted for the bloated budget after she had promised to oppose it. When asked why she flipped, she blithely replied that she got a new library for UC Irvine. Another Republican sold out for even less—Willie Brown promised him an office with a wet bar in it. Judas at least got thirty pieces of silver. As sure as night follows day, the press heaped praise on both of them for their “courage” in avoiding a budget impasse. But in truth, they voted against the interests of their constituents.
To avoid such a betrayal from happening here in Arizona, conservatives must press their representatives for a firm commitment that they won’t cut a side deal on the budget. We must lock in those commitments now and shut down any side deals before negotiations start in earnest.
My State Senator is Ken Bennett, and my representatives are Quang Nguyen and Selena Bliss. LD 1 is the most Republican district in the state. Conservatives shouldn’t have to worry about them keeping faith with their promises to the voters, but as President Reagan told us, “Trust but verify.”
Therefore, I am asking all three for a firm commitment that they will only vote for a budget that is supported by the rest of their Republican colleagues. The great conservative Senator Everett Dirksen famously said, “When I fell the heat, I see the light.” And I hope conservatives in all Republican districts will turn up the heat, so Republicans stay united to protect the wallets of the taxpayers.
Otherwise, it will be every legislator for themselves, and they’ll cut the hog fat. And we the taxpayers will be the hog.
Pat Nolan is the Director Emeritus of the Nolan Center for Justice at the American Conservative Union, and lives in Prescott.
