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.”
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
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.
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.
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
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.
Democrat Governor Katie Hobbs and Arizona Legislative Republicans may not see eye to eye on much this session, but there’s one issue that has united Republicans with the state’s chief executive.
Last week, Governor Hobbs signed an executive order, dated April 4, to force “all State Agencies to remove TikTok from State-owned and State-leased information technology and personal devices used for State work.”
Hobbs justified her decision, writing that “TikTok has been found to have security vulnerabilities that, if unresolved, could expose State-owned or State-leased devices to malicious actors creating potential security and privacy risks to State agencies and the systems and data the State is charged with protecting.”
As Hobbs’ order concedes, the Arizona action was not the first in the nation: “TikTok has been banned on government devices by the federal government, several other states, countries, and organizations due to security concerns and concerns about the application’s potential to spread misinformation and propaganda.”
Freshman Representative Matt Gress, the sponsor of the “No TikTok on Arizona Government Devices Act” (HB 2416), cheered on the governor’s action, stating, “I applaud the Governor for taking action to address the security and data collection threats posed by TikTok and similar apps.”
🚨FOR IMMEDIATE RELEASE🚨
State Representative @MatthewGress Applauds Executive Action Against Real Threat Presented by TikTok on State Devices.
Governor’s Executive Order incorporates parts of Gress’ #HB2416, but it is no substitute for actual changes in law needed to secure… pic.twitter.com/XikHvnxoyk
— Arizona House Republicans (@AZHouseGOP) April 6, 2023
Gress, though, urged the governor and his colleagues in the Legislature to pass and sign his bill, saying, “The Legislature still needs to act, and the Governor should sign HB 2416, a comprehensive plan to keep the state’s critical information secure and strengthen public safety. It would expand on the Governor’s order, codifying it permanently into state law, and apply to all government entities, employees, and contractors.”
HB 2416 passed the Arizona House at the end of February with a 31-28 vote – with one Democrat Representative not voting. It recently cleared the Senate Government Committee, and it awaits final action from the full chamber.
Arizona Attorney General Kris Mayes also chimed in on the TikTok news with an announcement, dated April 5, that the use of TikTok was banned on “all computers, mobile phones, and tablets owned by the (Attorney General’s) office.” Mayes explained that “Data security is paramount, especially for government agencies that handle sensitive information. We cannot risk the potential exposure of our data to foreign entities. Banning TikTok on state-owned devices is a necessary measure to protect our operations.”
TikTok is now banned on all @arizonaago owned computers, mobile phones and tablets. This is a necessary measure to protect our operations. Data security is paramount, especially for government agencies that handle sensitive information. https://t.co/rqzPwevV6Jpic.twitter.com/avU3VIcKg6
— Arizona Attorney General Kris Mayes (@AZAGMayes) April 5, 2023
Mayes revealed that “she was not reassured by recent testimony given by the CEO of Tik Tok to a Congressional panel,” adding, “Given the inability of TikTok’s CEO to definitiely state that the Chinese government cannot access data collected from U.S. users, I remain unconvinced that the app’s security risks have been adequately addressed.”
The action out of Mayes’ Office appears to have taken place earlier in the week. In the release from her office, it was stated that “Attorney General Mayes announced the ban in an email to Arizona Attorney General Office employees earlier this week.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Katie Hobbs certainly seems to like power. That’s probably why she was so giddy with laughter and excitement during her swearing-in ceremony last month. Now, she’s gotten to work. And despite her claims that Republicans and Democrats will have an open door to her office to get to work on bipartisan compromise, her preferred method appears to be executive action.
In just over a month since beginning her reign as governor, Hobbs has already signed seven executive orders. And there’s no sign that she’ll stop there. Her first executive order, prohibiting gender identity discrimination in state employment and contracts, was particularly eye-opening. Consider it a small taste of the woke agenda Hobbs is looking to implement over the next four years. And while it’s good to see that groups like the Arizona Freedom Caucus are planning to file a lawsuit challenging the constitutionality of such an order, it will take more than that to stop Hobbs from overstepping her authority…
Several Republican lawmakers opted to walkout or turn their backs as a sign of protest during Monday’s State of the State address by Gov. Katie Hobbs. And the same group intends to move forward with plans to initiate a lawsuit challenging Hobbs’ first executive order.
The protests were organized by the Arizona Freedom Caucus, whose members are committed to upholding the Constitution and preserving personal freedom. Their actions at the State of the State event came just hours after a press conference was held to discuss a lawsuit they intend to file against Hobbs.
The lawsuit will challenge the constitutionality of Executive Order 2023-01, which seeks to extend anti-discrimination protections to LGBTQ+ individuals seeking employment in most state offices and state contractors. Hobbs’ order, however, has come under attack for likely violating an Arizona law which protects the religious autonomy of organizations that work with state agencies.
Sen. Jake Hoffman said during Monday’s press conference that Hobbs believes “she has the ability to legislate with the power of the pen, attempting to create law that simply does not exist.” The lawsuit hopes to rein in the type of policy changes Hobbs seeks to implement through executive orders.
Hoffman is one of the lawmakers who later left the House of Representatives chamber during Hobbs’ speech.
While Katie Hobbs was speaking I took the once-in-a-lifetime opportunity to meet one-on-one with our guest speaker – Holocaust survivor Hanna Miley. Then Chairwoman Parker and I got right to work on legislation of importance to the people of Arizona. pic.twitter.com/IgDp1SpnT1
State Rep. Jacqueline Parker is a founding member of the Arizona Freedom Caucus. She explained her protest action in a press release issued after Hobbs’ address.
“We could not sit idly by while she repeatedly declared her intention to advance her woke agenda that stands at odds with the people of our state,” Parker said.
& she wants to take the money (for illegals) from ESA’s which help the children of actual Arizona citizens 👇 https://t.co/WDqgRr9Uth
“The Arizona Freedom Caucus will never back down in the face of Katie Hobbs’ attempts to implement her fascist agenda in our state,” vowed Rep. Joseph Chaplik.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
Governor Katie Hobbs’ first executive order prohibits gender identity discrimination in state employment and contracts.
The order directs the Department of Administration to establish procedures by April 1, 2023 regarding gender identity discrimination. The order also directed the department to launch awareness campaigns throughout state government through internal communications and trainings.
Hobbs’ order declared that over 40 percent of LGBTQ+ individuals nationwide report “unfair treatment” at work, such as firings, harassment, or not being hired due to their sexual orientation or gender identity. The order also noted that 83 percent of the Fortune 500 companies prohibit gender identity discrimination; those numbers came directly from a Human Rights Campaign report.
The 40 percent estimate appears to have originated from a 2021 study from a UCLA Law think tank. Their survey covered just over 900 LGBTQ+ adults about their lifetime, five-year, and past-year discrimination experiences. 46 percent of these respondents reported experiencing unfair treatment at some point in their lives, with just nine percent experiencing discrimination in 2021.
The think tank estimated that about 8 million American workers identify as LGBTQ+ — if nine percent of that estimate experienced discrimination in 2021, that would amount to just over 720,000 people. Other activist groups’ estimates place the total LGBTQ+ population at a much higher number: over 20 million.
Hobbs’ order could be viewed as a natural progression of policy initiated by a 2020 Supreme Court (SCOTUS) decision.
Former attorney general Mark Brnovich interpreted existing anti-discrimination protections to include both sexual orientation and gender identity in a 2020 filing for the case Bruer v. State of Arizona. His filing followed the SCOTUS decision in Bostock v. Clayton County which determined that employers can’t discriminate based on sexual orientation or gender identity.
Brnovich said that the state legislature would have to amend the Arizona Civil Rights Act to exclude sexual orientation and gender identity specifically if they disagreed with this interpretation.
The state already prohibited discrimination based on sexual orientation in a 2003 executive order issued by former Governor Janet Napolitano — the last Democrat elected as governor prior to Hobbs.
A former and a future Arizona Governor walk into lunch… and walk out with some great plans for our state! pic.twitter.com/WCtSifpq3N
