by Daniel Stefanski | Jun 11, 2024 | News
By Daniel Stefanski |
Maricopa County Attorney Rachel Mitchell is attempting to bring justice for an Arizona victim but is meeting resistance from the state’s attorney general.
Earlier this month, the Maricopa County Attorney’s Office announced that it had “filed a motion with the Arizona Supreme Court in a move to ultimately seek a warrant of execution for Aaron Brian Gunches.”
Gunches has been sentenced to death twice over the murder of the ex-husband of his girlfriend in 2002.
“For nearly two years, we’ve seen delay after delay from the governor and the attorney general,” said Maricopa County Attorney Rachel Mitchell. “The commissioner’s report was expected at the end of 2023, but it never arrived. In a letter received by my office three weeks ago, I’m now told the report might be complete in early 2025. For almost 22 years, Ted Price’s family has been waiting for justice and closure. They’re not willing to wait any longer and neither am I.”
Attorney General Mayes pushed back against Mitchell’s legal effort, writing, “Only the Attorney General is authorized to seek warrants of execution. Despite what rogue Maricopa County Attorney Rachel Mitchell may believe, there is only one Attorney General at a time – and the voters decided who that was 18 months ago. Just three weeks ago, I notified County Attorney Mitchell about my plans for seeking warrants of execution a little over six months from now after the completion of the independent death penalty review. But apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law.”
Mayes added, “Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career. My office will next move to strike this motion and prevent County Attorney Mitchell from continuing her unauthorized actions related to the death penalty.”
Mitchell disagreed with Mayes’ assessment of her legal limitations in this matter. She said, “I believe that as an attorney who acts on behalf of the state, I also can appropriately ask the Supreme Court for a death warrant. The victims have asserted their rights to finality and seek this office’s assistance in protecting their constitutional rights to a prompt and final conclusion to this case.”
The saga over Gunches execution started in late-2022, when former Arizona Attorney General Mark Brnovich asked the Arizona Supreme Court for a warrant of execution. After the January 2, 2023, transition of power to Katie Hobbs and new Attorney General Kris Mayes, the state desperately attempted to reverse the actions that set Gunches’ execution process into motion. These efforts proved to be unsuccessful, however, when the high court did, in fact, grant the warrant of execution, ordering the state to put Gunches to death on April 6, 2023. The governor refused to comply with the court-issued warrant, stating that the State would not be seeking to carry out the execution at this time. Hobbs’ decision triggered court filings from Maricopa County Attorney Rachel Mitchell and Republican leaders in the Arizona Legislature.
The Arizona Supreme Court declined to force the State of Arizona to carry out the issued warrant for Gunches but would not withdraw it either. The warrant expired last year, leading to County Attorney Mitchell’s attempt to seek this action before the state’s high court.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | May 3, 2024 | Opinion
By the Arizona Free Enterprise Club |
A strong economy is a key piece of the foundation for any society. But while the Biden administration has been busy doing anything it can to destroy the economic climate in America over the past four years, Arizona is set up for success—not just for today, but for decades to come.
Last month, the American Legislative Exchange Council (ALEC) released its latest “Rich States, Poor States” report, and the Grand Canyon State received the number three ranking for economic outlook among all 50 states. Such a high rank is impressive enough on its own, but when you consider that our state was ranked 13 back in 2021, Arizona’s dramatic rise up the chart especially shines. So, how did we get here?
Pro-Growth Policies Have Led the Way
Arizona’s high ranking is a direct result of significant pro-growth income and property tax reform that have supercharged our economy. In just the last decade, we have cut taxes on capital gains and drastically reduced the property tax burden on small businesses. Then, in July 2021, the Free Enterprise Club helped lead the charge as the Republican-led legislature passed a 2.5% flat tax, delivering historic tax cuts for every single Arizona taxpayer. And if that wasn’t enough, Republicans also included tax relief for Arizona’s families in last year’s state budget to help with the growing cost of gas, groceries, housing, and energy under the Biden administration.
Each of these pro-growth policies have set up Arizona as a leader in the country with many other states looking to mirror these reforms, but if the left had gotten its way, we never would have been here.
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by Katarina White | Apr 10, 2024 | Opinion
By Katarina White |
In a resounding declaration against over 50 years of genocide of the most defenseless among us, the Arizona Supreme Court delivered a landmark ruling, firmly upholding a state law that safeguards the sanctity of life. The case of Planned Parenthood v. Mayes marked a pivotal moment in Arizona’s battle against the slaughter of innocent unborn children.
At its core, the court’s ruling represents a stand against the vile forces that seek to devalue and discard human life at its earliest stages. The law, A.R.S. § 13-3603, explicitly prohibits abortion at any stage, “unless it is necessary to save [the woman’s] life [emphasis added].”
The Arizona Supreme Court’s ruling serves as a powerful reminderthat every human being, from the moment of conception, possesses inherent dignity no matter the size or age. That’s something we should all be celebrating today, and it’s something we should be ready to defend at every given moment.
Right now, those who advocate for the continuation of this mass genocide, including proponents of the Arizona Abortion Access Amendment, are seeking to amend the state constitution to permit abortion up until birth. Their obstinate refusal to acknowledge the humanity of the unborn is an indictment of their souls and a stain on the conscience of our society. That’s why we should be ready to meet them with the truth at every turn that every human life is precious—and abortion destroys that precious life.
As we celebrate this monumental victory, let us recommit ourselves to the cause of life with renewed vigor and determination. Let us continue to fight against the culture of death that seeks to extinguish the most vulnerable among us. And may we remember that while this victory is significant, the battle is far from over.
We must build on this momentum to protect life by stopping the Arizona Abortion Access Amendment. We must decline to sign the petition to put this horrific amendment on the ballot and actively oppose any efforts that threaten to undermine the progress we’ve made in safeguarding the rights of the unborn. And our esteemed state legislators must hold firm in an unwavering commitment to uphold the sanctity of life. We cannot be swayed by fear. Abortion is not merely a choice; it is the termination of a precious life. We cannot abandon these unborn babies. Now is the time to be courageous advocates, standing steadfast in defense of those who cannot speak for themselves.
Katarina White serves as Legislative District Co-Chair for Arizona Right to Life. To get involved and stay informed with the “Decline to Sign” initiative, visit the Arizona Right to Life website. Katarina also delves deeper into the proposed amendment through the “Conservative Seoul Show,” where she presents the “Sanctity Unveiled” segment. You can join her as she explores the challenges faced by the sanctity of life in the State of Arizona here.
by Daniel Stefanski | Apr 10, 2024 | News
By Daniel Stefanski |
A judicial decision from Arizona’s high court may have significant political ramifications in the swing state for the 2024 election.
On Tuesday, the Arizona Supreme Court issued its opinion in Planned Parenthood v. Mayes, finding that the state’s near ban on abortion, which was established in 1864 and reaffirmed several times since, was, in fact, the guiding law on the controversial issue. The vote in the State Supreme Court was 4-2, with one justice recusing himself.
The four prevailing justices wrote that they “merely follow[ed] our limited constitutional role and duty to interpret the law as written…. The legislature has demonstrated its consistent design to restrict elective abortion to the degree permitted by the Supremacy Clause and an unwavering intent since 1864 to proscribe elective abortions absent a federal constitutional right – precisely what it intended and accomplished in 36-2322.”
They added, “To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion. We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens.”
The decision from the Arizona Supreme Court ended one chapter of the state’s abortion saga and confirmed the legal theory of former Attorney General Mark Brnovich, a Republican, who, soon after the Roe v. Wade reversal from the Supreme Court of the United States, issued a statement about Arizona’s abortion status. In a statement made on June 29, 2022, Brnovich said, “Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. ARS 13-3603 is back in effect and will not be repealed in 90 days by SB 1164. We will soon be asking the court to vacate the injunction which was put in place following Roe v Wade in light of the Dobbs decision earlier this month.”
Brnovich went to court in Pima County Superior Court to lift the injunction on the abortion law in question and was successful.
However, the Arizona Court of Appeals reversed the ruling from the Superior Court, leading to the consideration from the state’s Supreme Court.
The outraged reaction from Democrats was swift, while the responses from Republicans were mixed.
Democrat Governor Katie Hobbs said, “It is a dark day in Arizona. We are just fourteen days away from of one the most extreme abortion bans in the country. But my message to Arizona women is this: I won’t rest, and I won’t stop fighting until we have secured the right to abortion. That is my promise to you.”
Attorney General Kris Mayes, also a Democrat stated, “This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”
Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, issued a joint statement, saying, “During this [60-day waiting period], we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”
The conservative Arizona Freedom Caucus cheered on the Court’s opinion, posting, “Today, the Supreme Court of Arizona made the correct ruling, upheld the intent of the legislature, and preserved the rule of law today by ruling that the pre-Roe law will remain effective. … As Republicans, we should be proud of the fact that today the lives of the preborn are more protected than they have been since SCOTUS’ fatally flawed Roe decision more than a half century ago. As Republicans, we should be unashamed in proclaiming the value of life.”
Republican Senator Wendy Rogers also weighed in on the news of the day. She wrote, “Then, as now, LIFE must be upheld in the laws of the land. I will vote against any laws that would dimmish life in Arizona, including any laws that would dilute our existing statutes. Defending life is the right thing to do.”
The Senate Democratic Leadership released a statement after the announcement from the Court, writing, “The Republican-appointed Arizona Supreme Court has decided to criminalize abortion in Arizona by upholding the 1864 territorial abortion ban and end legal abortion in all cases unless necessary to save the life of the mother. It’s a worse-case scenario Democrats predicted and have been preparing for, working to see the future of reproductive freedom in the hands of Arizonans.”
Arizona for Abortion Access, the group working to plant a constitutional amendment on abortion on the November ballot, expressed its anger over the judicial opinion. It said, “Today, the Arizona Supreme Court ruled to uphold a devasting near-total ban on abortion from 1864, a territorial law in place before Arizona became a state. This means Arizona now has one of the most restrictive abortion bans in the nation.”
The group revealed that it had over 500,000 signatures from Arizona voters – well over the threshold needed to qualify for the ballot.
Last year, one of Arizona’s top pro-life leaders, Cathi Herrod from the Center for Arizona Policy, came out in fierce opposition to these efforts from pro-abortion interests, alerting her followers that this measure “would tear down virtually all pro-life precautions and make it nearly impossible to regulate abortion.” Herrod also explained how, if passed, the constitutional amendment would likely allow the likelihood of abortion at all stages of life in the womb, stating, “The broad exemption of ‘mental health’ of the mother after viability is widely understood, even in the courts, to mean virtually anything the abortion provider wants it to mean, including stress or anxiety. Even barbaric partial-birth abortion is legal under this exemption.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Jan 14, 2024 | Opinion
By the Arizona Free Enterprise Club |
When you’re hired to do a job, it stands to reason that you should actually do the job you’ve been hired to do. Think about it. If a company hired you to be a writer, and you never did any writing for the company, you probably wouldn’t keep your job too long. That is, of course, unless you work for the government.
For quite some time now, federal, state, and local governments across the country—including right here in Arizona—have been engaging in the practice of “release time.” If you’re unfamiliar with this term, it means that certain people are hired to do a specific job for the government, but instead of doing that job, they are “released” to work full-time for their union. This could be someone like a teacher, for example, who instead of teaching students, spends all his or her time doing work for the teachers’ union. But here’s the thing, even though these employees don’t actually work for the government, they still get a paycheck from the government—all funded by your tax dollars.
Is this practice unfair? Yes. Is it unconstitutional? Absolutely.
That’s why the Goldwater Institute has been challenging this practice in our state in a case that has made its way to the Arizona Supreme Court…
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