Republicans Need to Protect Arizona’s Citizens from Executive Overreach

Republicans Need to Protect Arizona’s Citizens from Executive Overreach

By the Arizona Free Enterprise Club |

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…

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AZ Freedom Caucus Conducts Walkout, Plans Lawsuit To Push Back On Hobbs

AZ Freedom Caucus Conducts Walkout, Plans Lawsuit To Push Back On Hobbs

By Terri Jo Neff |

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. 

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.

“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.

Hobbs’ First Executive Order Prohibits Gender Identity Discrimination

Hobbs’ First Executive Order Prohibits Gender Identity Discrimination

By Corinne Murdock |

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.

READ HOBBS’ FIRST EXECUTIVE ORDER

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. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Ducey’s Wall Solution Takes Shape As Violence Erupts Along Southwest Border

Ducey’s Wall Solution Takes Shape As Violence Erupts Along Southwest Border

By Terri Jo Neff |

Gov. Doug Ducey signed an Executive Order on Friday for the immediate fortification of a gap in the U.S. – Mexico border in Yuma, just hours before a U.S. Consulate issued a “shelter in place” advisory for Americans living and working in Tijuana south of the border from San Diego.

“For the last two years, Arizona has made every attempt to work with Washington to address the crisis on our border,” Ducey said. “Time and time again we’ve stepped in to clean up their mess. Arizonans can’t wait any longer for the federal government to deliver on their delayed promises.”

The executive order was issued by Ducey a mere two weeks after the White House announced it would address the unsecured border in Yuma once various reviews and studies were completed. However, there was no estimate provided as to when that may be.

Ducey’s decision to authorize immediate placement of 60 double-stacked, state-owned shipping containers to fill in a 1,000-foot gap long complained about by law enforcement officials will increase national security by ensuring border security, according to Jonathan Lines, Yuma County Supervisor.

“Border communities like Yuma bear the burden of a broken border while narcotics poison our youth, human smuggling rises and mass amounts of migrants wear on our nonprofits,” said Lines, adding that Ducey was coordinating with state and local resources “to do what the federal government won’t: secure the border.”

The project overseen by state contractor Ashbritt will utilize a 25-person team of heavy equipment operators and support personnel to link together and weld shut the containers, each of which weigh more than four tons. When completed on Monday, the new barrier wall will reach about 22 feet and be topped with concertina wire.

The move to close the large gap in Yuma also came just days after President Joe Biden lifted the Remain in Mexico immigration policy which has been providing one of the few immigration controls at the border.

The U.S. Border Patrol’s Yuma Sector under the leadership of Chief Patrol Agent Chris Clum experienced more than 235,000 migrant encounters from Oct. 1, 2021 to June 30, 2022. The governor’s office called it “an ominous acceleration” for the Yuma Sector, which had the highest annual increase in encounters of all USBP sectors for the fiscal year ending Sept. 30, 2021.

Nonprofits and shelters in Yuma County set up to assist migrants have been operating for months at overcapacity. In addition, law enforcement, first responders, and local medical facilities have been overwhelmed by the influx, which includes extremely high quantities of fentanyl coming across the border Arizona lawmakers made a $335 million investment in the Arizona Border Security Fund to construct and maintain a border fence, of which $6 million will be used put the new barrier in place in Yuma.

“Republicans in the Legislature made border security a priority in this year’s budget, and I’m thankful to Governor Ducey for wasting no time in putting those funds to good use,” said Rep. Ben Toma. “Improvements to the border wall will make our communities safer by combating human trafficking and stemming the flow of fentanyl into the state.”

Just hours after Ducey signed Executive Order 2022-04 on Friday, the U.S. Consulate in Tijuana, Mexico warned of cartel violence in several Mexican cities along the border with California, including Tijuana, Mexicali, Tecate, Rosarito, and Ensenada.

The Consulate warning called on U.S. citizens already in those areas to seek secure shelter and remain aware of their surroundings. The warning also advised Americans on the Mexico side of the border to monitor local media for updates and “notify friends and family of your safety.”

The violence, which is due to internal strife within the Sinaloa Cartel as well as pressure from other cartels, is not limited to border communities near California.

Last Thursday, several killings occurred in Ciudad Juarez, a city of 1.5 million across the border from El Paso. The violence started with a deadly fight at a Mexican prison between factions of the Sinaloa Cartel. Within hours, several fires and frequent gunfire was reported throughout Ciudad Juarez, often targeting non-cartel interests.

A statement by Mexican President Andres Manuel Lopez Obrador on Friday confirmed that “innocent civilians were attacked as a kind of retaliation” in connection with the prison fight.

Ducey Rescinds 25 Pandemic-Related Executive Orders

Ducey Rescinds 25 Pandemic-Related Executive Orders

On Friday, Gov. Doug Ducey rescinded a series of executive orders issued during the coronavirus pandemic. The governor said the orders were no longer needed because the Legislature put them into law.

The governor said some of the orders would remain in place until legislation takes effect in 90 days. Those include orders preventing cities, towns and counties from issuing orders for businesses that are more stringent than those Ducey issues. Other orders ending after new legislation takes effect are ones barring universities from requiring COVID-19 vaccines or masks for unvaccinated students.

The governor ordered:

Effective July 1, 2021, the following Executive Orders related to the public health emergency will be rescinded:

  • Executive Order 2020-17 deferred requirements to renew state agency and board licenses that had an expiration date between March 1, 2020 and September 1, 2020 by six months from the expiration date, unless those requirements could be completed online. The timeframe for the deferrals lapsed on March 1, 2021.
  • Executive Order 2020-28 was enacted to address critical demand for nursing home and long-term care facility staff, allowing caregiver trainees to utilize on-the-job training to meet a certification program. This policy was codified through legislation in 2020.
  • Executive Order 2020-58 ensured cost-sharing requirements, such as co-pays and co-insurance, for the COVID-19 vaccine are waived. This policy was codified by congress through the CARES Act.
  • Executive Order 2021-04 required schools to return in-person, teacher-led instruction by March 15, 2020. In-person, teacher led instruction will continue to be required beyond the March 15, 2020 deadline.

Effective July 9, 2021, the following Executive Orders related to the public health emergency will be rescinded:

  • Executive Orders 2020-08 & 2020-53 extended standard driver licenses that originally expired between March 1, 2020 and December 31, 2020, in an effort to limit visits to the state Motor Vehicle division. An expiration deferral issued as a result of this order remains valid and in effect.
  • Executive Order 2020-20 allowed pharmacists to dispense emergency refills of maintenance medications for up to 180 days, minimizing unnecessary trips to the doctor. With legislation expanding availability of telemedicine, obtaining refills is now more accessible.
  • Executive Order 2020-25 allowed struggling Arizona restaurants to repackage and sell grocery items they have on hand, including items not normally packaged and labeled for resale. Arizona restaurants can now fully resume operations.

Effective September 29, 2021, the following Executive Orders related to the public health emergency will be rescinded upon enactment of legislation to codify the policies:

  • Executive Order 2020-12 was a proactive and administrative measure to ensure consistent mitigation guidance across the state, and prohibited any county, city or town to issue an order, rule or regulation that restricts or prohibits any essential service.
  • Executive Order 2021-05 lifted occupancy limits that were implemented due to COVID-19.
  • Executive Order 2021-06 transitioned COVID-19 mitigation requirements for businesses to recommendations.
  • Executive Order 2021-09 banned “vaccine passports” and prevented state and local governments from requiring Arizonans to provide their COVID-19 vaccination status to receive service or enter an area.
  • Executive Order 2021-10 rescinded orders related to K-12 health guidance.
  • Executive Order 2021-15 ensured students of public higher education institutions cannot be mandated to take the COVID-19 vaccine or submit COVID-19 vaccination documents, and prohibited mandatory testing and mask usage for students.

The following will be repealed on a date determined by the Arizona Department of Health Services:

  • Executive Orders 2020-13, 2020-23, 2020-30, 2020-37, 2020-48, 2020-54,  2020-56, 2020-57, 2021-01, 2021-07, 2021-14, identified as Enhanced Surveillance Advisory Orders. The State Legislature provided authority to the Arizona Department of Health Services to continue requiring hospitals, testing laboratories and other health facilities to provide detailed information and data related to COVID-19.