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 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.
An Arizona Republican legislator has renewed his efforts to hold the state’s Democrat chief executive accountable to the rule of law.
On Wednesday, Representative David Livingston filed a complaint and request for investigation with Arizona Attorney General Kris Mayes, regarding Governor Katie Hobbs’ use of state resources to influence elections pursuant to state statutes. This action from Livingston follows an earlier attempt from the legislator to obtain a legal opinion on “whether Arizona law allows a Governor-Elect to fundraise for political entities that make expenditures to influence elections through a state website promoting inaugural events.” In this latest effort, Representative Livingston revealed that Attorney General Mayes had “declined to provide a legal opinion, stating there were factual questions that made the issue inappropriate for a legal opinion.”
🚨FOR IMMEDIATE RELEASE🚨 State Representative David @Livingston4AZ Files Complaint with Attorney General Mayes Requesting Investigation of Governor Hobbs’ Use of State Resources to Influence Elections.
— Arizona House Republicans (@AZHouseGOP) June 14, 2023
Livingston released the following statement in conjunction with his announcement: “State law prohibits using public resources, including websites, to influence elections. As the Attorney General has already acknowledged, there are unanswered factual questions here that warrant an immediate and thorough investigation. If Governor Hobbs had simply transferred the leftover funds to the state protocol account like former Governors have done, it would not be necessary to file my complaint. But the Governor’s unprecedented actions and refusal to provide information to me about where the funds went, who controls the funds, and how the funds will be spent left me with no choice. As the state’s chief legal officer charged with investigating potential violations of Title 16, the Attorney General must scrutinize these transactions and seek judicial relief if necessary to remedy past violations and prevent future violations of state law.”
The state lawmaker argues that the Arizona Attorney General’s Office “is empowered to investigate potential violations of Title 16,” pointing out that “Mayes invoked this authority earlier this year when she filed an unsuccessful lawsuit against Cochise County, citing concerns that without taking legal action, the Cochise County Board of Supervisors might hide actions that should be done publicly in compliance with Arizona’s open meeting law.”
This issue rose to importance earlier this year as Arizona lawmakers received murky and incomplete information about Hobbs’ inaugural fund, which totaled more than $1.5 million in the lead-up to her inauguration at the State Capitol on January 5. After multiple weeks of questions, Hobbs’ campaign manager released the donor list, showing 120 contributors to the fund.
Even with the uncovered donor list, lawmakers wanted more transparency from Hobbs, but they weren’t finding the level of cooperation they sought from her Office. Reports showed that the inauguration cost $207,000, which was a fraction of the funds received from the Hobbs’ Inaugural Fund. With knowledge of how much was raised and spent from the fund, Senate President Warren Petersen and House Speaker Ben Toma sent a letter to the Governor on January 26, asking her to “commit the balance of her $1.3 million inaugural fund proceeds to the state, as past governors have, for the sake of transparency & accountability to the people of Arizona.”
The legislative leaders wrote that “Given….the Inaugural Fund’s own descriptive title, Arizonans would have reasonably anticipated that any excess funds would be used for state interests. In any event, given the public resources that were utilized to solicit funds for the Inaugural Fund and to host the inauguration, it would be inappropriate to utilize any monies in the Inaugural Fund to influence an election.”
The governor’s actions in this matter prompted the introduction of SB 1299, sponsored by Senator Wendy Rogers, which dealt with the governor reporting inauguration expenses. The bill required “the Governor’s Office to publish on its website, within 15 days after the inauguration ceremony, information detailing each organization that organized, supported or funded the ceremony.” The proposal was passed out of both legislative chambers with broad bipartisan support and signed into law by Hobbs.
Representative Livingston’s communication to Attorney General Mayes references this legislation, stating that SB 1299 “is no impediment to your investigation. Because SB 1299 requires all inaugural donations to be deposited directly into the state protocol account, it prohibits future Governors and Governors-Elect from unlawfully using state resources to engage in political fundraising. However, SB 1299 does not have retroactive application and does not remedy past violations of A.R.S. 16-192.”
The legislator ends his referral letter with an exhortation for the state’s top cop to take his complaint seriously, writing, “No one is above the law, including Governor Hobbs.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Last week, Governor Katie Hobbs vetoed SB 1264, sponsored by Senator J.D. Mesnard. The bill would have prohibited “an election officer or employee or person who oversees any significant aspect of election operations from being a chairperson, treasurer or member of a political action committee.”
In a customary veto letter to the Senate President, Hobbs wrote, “There are few, if any, examples of election-related issues created by elected election officers or their appointees being involved in political action committees. For this reason, I have vetoed SB 1264.”
Mesnard was not pleased with the governor’s action, releasing a statement soon after her decision was made public. He stated, “The fact that individuals who have the sacred duty of overseeing the integrity of our elections are also permitted to simultaneously influence those elections through a Political Action Committee is disastrous public policy. Allowing such a conflict of interest to persist seriously undermines public trust. This legislation not only had bipartisan support, it was an absolute no-brainer.”
FOR IMMEDIATE RELEASE: Governor Refuses Commonsense Solution to Prevent Conflict of Interest in Arizona’s Elections @JDMesnard ⬇️ pic.twitter.com/aTar5VaINu
The bill’s sponsor went on to address the governor’s statement in her letter, saying, “In her veto letter, the Governor claimed, ‘There are few, if any examples of election-related issues’ from current policy, but in fact, examples do exist. And even one is too many. Regardless, why wait for there to be ‘issues’ when the conflict of interest is obvious and is itself a problem? Again, this is terrible public policy and allows for both parties to play games, which I fear will only escalate in light of her misguided veto.”
Earlier this year, Mesnard’s proposal cleared the Senate with a 16-14 vote, after passing through the Senate Elections Committee with a 5-3 tally. After being transmitted to the House of Representatives, the piece of legislation was first approved by the Municipal Oversight & Elections Committee with a bipartisan 7-3 vote before easily sailing through the chamber with a 42-16 vote (with one member not voting and one seat vacant).
Back in February, a representative from the Arizona Secretary of State indicated that the Office took a neutral position for the bill.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Another Arizona Republican proposal to protect children has been rejected by the state’s Democrat governor.
On Thursday, Governor Katie Hobbs, vetoed SB 1040, which was sponsored by Senator John Kavanagh. The legislation, designated as the Arizona Accommodations for All Children Act, would have required “a public school to provide access to a single-occupancy or employee restroom or changing facility to a person who is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person’s sex or multi-occupancy sleeping quarters.”
In a letter to Senate President Petersen, explaining her reasoning for the veto, Hobbs wrote, “SB 1040 is yet another discriminatory act against LGBTQ+ youth passed by the majority at the state legislature. As I stated in my veto letter for SB 1001, I will veto every bill that aims to attack and harm children.”
Kavanagh was outraged by the governor’s action against his bill, saying: “Women and young girls deserve privacy and their own protected bathrooms, showers and locker rooms where they can have such privacy and are safe from the risk of sexual harassment or sexual violence. Unfortunately, Democrat Legislators and Governor Hobbs are catering to an extremist culture by pushing ‘gender neutrality’ as a means to win political points from their liberal base while stealing dignity away from women and girls in the process. SB 1040 is about protecting our children while respecting the natural privacy rights of students. A 14-year-old female high school coed should not be forced to stand next to a naked, transgender female, who is actually an 18-year-old biological male. In a rush to become ‘trans inclusive,’ Governor Hobbs and fellow Democrats have forgotten about the needs of innocent young girls. This veto shows exactly how little they care to protect our female citizens.”
Progress Arizona cheered on Governor Hobbs’ veto, tweeting, “SB 1040, sponsored by Sen. Kavanagh, has been VETOED! SB 1040 targeted transgender students and teachers by prohibiting them access to public school restrooms.”
🚨SB1040, sponsored by Sen. Kavanagh, has been VETOED! SB1040 targeted transgender students and teachers by prohibiting them access to public school restrooms.
Extremists like John Kavanagh have spent the entire #azleg session, pushing hateful rhetoric on LGBTQ+ youth and… pic.twitter.com/uyRKo2KFmC
A day before Hobbs’ veto, the Arizona Senate Democrats warned about Republican “attacks on LGBTQ+ protection,” stating, “Rather than invest in our public school students and their future success, Republicans are more interested in culture wars and clickbait bill titles.”
When it comes to attacks on LGBTQ+ protection, Arizona Republicans nearly take the cake.
📚 Rather than invest in our public school students and their future success, Republicans are more interested in culture wars and clickbait bill titles. (4/) pic.twitter.com/zUfK9MPFUX
— Arizona Senate Democrats (@AZSenateDems) June 7, 2023
Earlier this session, after his chamber gave the bill the green light, President Petersen had highlighted the lack of attention given to the legislation by the media, posting on Facebook, “We recently passed a bill out of the senate that said no boys in girls showers. All the democrats voted no. One of the democrats suggested we put up shower curtains as a solution. Zero coverage by the media. Lots of bills like that all the time. Zero coverage by the media.”
The first-year governor had already telegraphed her decision on SB 1040 and similar pieces of legislation three months ago, alerting the public that these bills were dead on arrival in the Governor’s Office under her administration: “On this International Women’s Day I want to make it clear that trans women are women, they are welcome here, and any bill that harasses or threatens their safety will swiftly meet my veto stamp.”
On this International Women's Day I want to make it clear that trans women are women, they are welcome here, and any bill that harasses or threatens their safety will swiftly meet my veto stamp.
— Governor Katie Hobbs (@GovernorHobbs) March 8, 2023
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
