Governor Katie Hobbs has rejected a request made by 12 of Arizona’s 15 county attorneys to rescind her executive order taking away their authority to enforce abortion law. The county attorneys submitted a letter to the governor on Monday. The county attorneys issued a Friday deadline for her response.
The governor issued an executive order last month stripping county attorneys of their ability to enforce abortion law. Hobbs bestowed that responsibility onto Attorney General Kris Mayes, who has already said she plans on ignoring the law.
Abortion is banned after 15 weeks’ gestation in Arizona.
The letter pointed out that Hobbs’ action undermined the duty and discretion of the county attorneys to enforce the law.
“The governor’s office should not interfere with the discretion of prosecutors in fulfilling their duties as elected officials,” stated the letter. “Whether this was the intended purpose, the result [of the executive order] is an unnecessary and unjustified impingement on the duties and obligations of elected county attorneys in Arizona.”
The county attorneys also contested that Hobbs had usurped authority that didn’t belong to her.
“This executive order results in an exercise of authority not vested in the governor’s office,” read the letter. “It is a substantial overreach to suggest the governor may strip away prosecutorial discretion from local, elected officials.”
— Maricopa County Attorney's Office (@marcoattorney) July 4, 2023
Hobbs’ new communications director, Christian Slater, tweeted in response that Hobbs’ assuming control over the judiciary in an effort to undermine the current law was part of her putting “sanity over chaos.” Slater labeled those opposed to abortion as “extremists.”
“Governor Hobbs will continue to use her lawful executive authority to put sanity over chaos and protect everyday Arizonans from extremists who are threatening to prosecute women and doctors over reproductive healthcare,” wrote Slater.
We will not rescind this order. Governor Hobbs will continue to use her lawful executive authority to put sanity over chaos and protect everyday Arizonans from extremists who are threatening to prosecute women and doctors over reproductive healthcare. https://t.co/9uw1xxVtnC
Hobbs issued the executive order one day before the one-year anniversary of Dobbs v. Jackson Women’s Health Organization — the Supreme Court (SCOTUS) decision that overturned Roe v. Wade. Hobbs’ order revoked the authority of county attorneys to prosecute abortion-related cases, and passed that authority onto Mayes.
Hobbs called abortion a “fundamental right,” the existence of which she claimed was paramount to freedom.
“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.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
One of Arizona’s leading Republicans is seeking a meeting with the state’s chief executive over her recent actions over abortion.
Senate President Warren Petersen sent a letter to Democrat Governor Katie Hobbs, hoping to broker a meeting and a solution to the standoff the state finds itself in over consideration of her remaining nominations.
Petersen wrote, “I’m troubled by your recent administrative actions. My constituents and Senate colleagues are concerned by the slew of Executive Orders you have recently issued while we are in recess. These questionable actions and the role of your agency Directors, many of whom the Senate has yet to confirm, is worth discussion.”
The Senate President continued with his letter, requesting a meeting with the governor, stating, “While I believe it would have been productive for you to meet with my colleagues on the nominations committee who requested a meeting, I think a conversation between the two of us would be productive. Let’s see if we can find a way to move forward in a bipartisan manner that benefits all of Arizona.”
This plea from the east valley lawmaker follows a volley of reactions from both Republicans and Democrats after the governor’s Executive Order to “centralize all abortion-related prosecutions under the Attorney General to ensure differences in applications of the law by county attorneys do not restrict access to legal abortions.” 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 three Republican members of the committee – Hoffman, Sine Kerr, and T.J. Shope – 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).”
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.”
— Arizona Senate Democrats (@AZSenateDems) June 26, 2023
After a report circulated that this meeting was “not likely” to occur, Senator T.J. Shope tweeted, “Oh…so much for that Open Door Policy we’ve heard about over and over again. I guess Governor Hobbs would rather fight it out in an adversarial court setting as opposed to an adult conversation in an office setting.”
A Senate Republican Caucus spokesperson previously told AZ Free News that the chamber has received 21 director nominations from Hobbs, with 12 awaiting their confirmation hearings.
Just a day before the Senate President’s Letter to Governor Hobbs, his caucus tweeted, “Hobbs is setting a dangerous precedent by issuing illegal executive orders and attempting to seize power from county attorneys and the Legislature. Our Caucus is reviewing all legal remedies to ensure appropriate constitutional separation of powers.”
Hobbs is setting a dangerous precedent by issuing illegal executive orders and attempting to seize power from county attorneys and the Legislature. Our Caucus is reviewing all legal remedies to ensure appropriate constitutional separation of powers. https://t.co/hubtdDchTk
Arizona elected officials continue to react to Democrat Governor Katie Hobbs’ recent Executive Orders.
Earlier this week, Governor Hobbs signed two Executive Orders to “restore rights and protect LGBTQ+ Arizonans.” According to Hobbs’ Office, the Orders “ensure the state employee health care plan covers medically-necessary gender-affirming surgery” and bar “state agencies from funding, promoting, or supporting conversion therapy against LGBTQ+ Arizonans.”
Hobbs’ most-recent Executive Orders came just days after she signed another Order that would “centralize all abortion-related prosecutions under the Attorney General to ensure differences in applications of the law by county attorneys do not restrict access to legal abortions.”
On Wednesday, Senate President Pro Tempore T.J. Shope issued the following statement regarding the governor’s latest Orders: “Instead of helping families struggling to keep a roof over their heads, fill their tanks with gas and put food on the table, Governor Hobbs is making sure taxpayer dollars are instead going towards elective, sex change surgeries. The Governor continues to show just how tone deaf and out of touch she is with the majority of hard-working Arizonans. Director nominations hearings were suspended on Monday, and yet the Governor is already doubling down with another unilateral overreach. The Arizona Senate Majority Caucus is committed to checks and balances and will be reviewing all legal options to ensure appropriate constitutional separation of powers.”
Representative John Gillette took to Twitter to pose several questions to the state’s chief executive, writing, “Hobbs Signs EO to Allow State Employees to Have Sex Change procedures paid by State Health Insurance. 1. What happens to premiums? 2. Was the contract renegotiated? 3. What other elected surgery will get covered? Will BC/BS just cancel the contract as terms changed?
Hobbs Signs EO to Allow State Employees to Have Sex Change procedures paid by State Health Insurance. 1. What happens to premiums? 2. Was the contract renegotiated? 3. What other elective surgery will get covered? Will BC/BS just cancel the contract as terms changed?
— Rep. John Gillette AZ House LD30 (@AzRepGillette) June 29, 2023
Maricopa County Attorney Rachel Mitchell also responded to the governor’s order on abortion prosecutions, saying, “Our current governor took an entire category of potential offenses and is attempting to prevent locally elected county attorneys from reviewing and making charging decisions on those matters. But what happens next? What happens in three-and-a-half years? What happens when another person occupies the governor’s seat and attempts this kind of power grab? What other set of offenses might a governor in the future not like and remove from local prosecutors?”
County Attorney @Rachel1Mitchell responds to the Governors Executive Order. What's stopping the next Governor from doing similar power grabs? pic.twitter.com/cIGfw3uefy
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.”
"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.
— Arizona Freedom Caucus (@AZFreedomCaucus) June 26, 2023
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.”
— Arizona Senate Democrats (@AZSenateDems) June 26, 2023
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.”
“…a disservice to the people who elected us to get these things done.”
— Arizona Senate Democrats (@AZSenateDems) June 26, 2023
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.”
✅FOR IMMEDIATE RELEASE✅
Arizona House of Representatives Celebrates Successful Intervention in Cases to Defend State Laws and Fight Against Federal Overreach.
— Arizona House Republicans (@AZHouseGOP) April 27, 2023
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.
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.”
Reproductive freedoms are under threat. That’s why I was proud to join Rep. @AthenaSalman 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… pic.twitter.com/5TuG6C2icG
— Governor Katie Hobbs (@GovernorHobbs) June 22, 2023
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.”
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. https://t.co/1QYdAQARXA
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.”
I signed an Executive Order protecting Arizonans’ reproductive freedom. I will not allow extreme and out of touch politicians to get in the way of the fundamental rights of Arizonans. My Executive Order does four things to the full extent of my authority: pic.twitter.com/2digbGB6EM
— Governor Katie Hobbs (@GovernorHobbs) June 23, 2023
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.”
Together, @GovernorHobbs 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. https://t.co/U9bOaf8eFB
— AZ Attorney General Kris Mayes (@AZAGMayes) June 23, 2023
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.”
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. https://t.co/AXQsdk0uhT
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.”
Lawless government. The legislature makes laws, not the executive branch unilaterally. https://t.co/874so8PpgT
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.”
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. 2/2
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.”
BREAKING: The U.S. Supreme Court just vacated the injunction in Brnovich v. Isaacson. Arizona’s ban on discriminatory abortions is now in effect. pic.twitter.com/vAZD9iB1WS
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.”
✅FOR IMMEDIATE RELEASE✅
Arizona House of Representatives Celebrates Successful Intervention in Cases to Defend State Laws and Fight Against Federal Overreach.
