Arizona legislative Republicans are racking up a lengthy list of legal cases on behalf of the state.
Earlier this month, the Arizona Senate Republicans Caucus’ “X” account posted an update on the lawsuits that President Warren Petersen and House Speaker Ben Toma have engaged in due, in large part, to the absence of the state’s Democrat attorney general. The collective voice for the Senate Republicans wrote, “Your Arizona Republican state lawmakers don’t shy away from joining legal battles when your freedoms, safety, and our democracy are on the line! We’ve joined a number of impactful cases and are now paving the way for other state legislatures to do the same.”
Your Arizona Republican state lawmakers don't shy away from joining legal battles when your freedoms, safety, and our democracy are on the line!
We've joined a number of impactful cases and are now paving the way for other state legislatures to do the same.
Per the Senate Republicans, the issues covered by the legal challenges include the following: election integrity, religious freedom, First Amendment rights, Second Amendment rights, the homeless crisis, keeping men out of women’s safe spaces, government overreach, and medical freedom.
There were several updates on cases that the Arizona Senate Republicans have weighed in on behalf of state residents. In AZ Senate v. Hobbs – a case involving a dispute over the governors’ retraction of agency director nominations – “oral arguments on cross motions for summary judgment is set for April 26, 2024.” Late last year, legislative Republicans sued Governor Katie Hobbs over this issue.
In Johnson v. City of Grants Pass – a case involving a challenge to a local government’s policy against a homeless encampment – “the U.S. Supreme Court accepted review of the case and set oral argument for April 22, 2024.” Legislative Republicans wrote an amicus brief to the nation’s high court in support of the City of Grants Pass’ position.
In a challenge over the constitutionality of Arizona’s Save Women’s Sports Act, “the Ninth Circuit [had] set oral argument in [the] appeal of the trial court’s preliminary injunction ruling for March 14, 2024.” Legislative Republicans had intervened in the case to help defend the law that was passed to protect the integrity of women’s sports.
In Murthy v. Missouri, “oral argument [was] scheduled at the U.S. Supreme Court on March 18, 2024.” The Legislature had joined with over a dozen states on an amicus brief in support of Missouri’s fight against the federal government over online censorship.
Not only have Arizona Republican legislators been active in intervening on cases that impact laws or interests of their state, but they have increasingly shown an appetite for joining briefs and letters that have been led by Republican state attorneys general around the country. While not unprecedented, those actions have been extremely rare in the past – until recently, when the Arizona Legislature, led by Petersen and Toma, have signed onto multiple actions in federal court. More of these efforts are expected as the year continues.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A controversial Texas border security bill experienced major whiplash on Tuesday in federal court.
In a shocking development for the legal situation of SB 4, a majority of Justices at the Supreme Court of the United States lifted its administrative stay of the Texas law after it had twice paused enforcement. The pending case and actions before the nation’s high court occurred after the U.S. Court of Appeals for the Fifth Circuit had reversed a District Court decision to issue a preliminary injunction for the state border law, allowing the new policy to temporarily go into effect.
SB 4 was approved by the Texas Legislature in November 2023 and signed in December 2023. According to the bill summary, SB 4 would “amend the Penal Code to make it a Class B misdemeanor offense for a person who is an alien to enter or attempt to enter Texas directly from a foreign nation at any location other than a lawful port of entry;” and it would also “make it an offense for a person who is an alien to enter, attempt to enter, or be found in Texas after the person has been denied admission to or excluded, deported, or removed from the United States or has departed from the United States while an order of exclusion, deportation, or removal is outstanding.”
However, hours after the U.S. Supreme Court issued its surprising order, the Fifth Circuit Court of Appeals temporarily blocked the Texas law, pending a decision on the merits of the case. The federal appeals court considered arguments from both sides on Wednesday, making an expedited opinion extremely likely on the enforceability of the law.
Before the late-night action at the Fifth Circuit, Arizona legislative Republicans reacted to the news from the Supreme Court. Senate President Warren Petersen said, “The Arizona Governor has vetoed legislation that would have given Arizona’s law enforcement the ability to protect our citizens from the invasion occurring at the southern border. The U.S. Supreme Court’s decision to allow Texas’ S.B.4 to go into effect shows that the Governor’s veto was rash and hasty. She will soon have the opportunity to do the right thing, as we will give her another chance to sign this bill into law to protect Arizonans from border-related crimes.”
🚨 FOR IMMEDIATE RELEASE: Senate Republicans Applaud SCOTUS for Allowing Texas to Protect its Citizens Against Biden's Border Invasion and Call on Hobbs to do the Same for Arizonans@votewarren@AZSenatorShamppic.twitter.com/73luDz0jQC
Senator Janae Shamp also released a statement after the court decision, focusing on her ongoing efforts to enact the Arizona Border Invasion Act into law. Shamp’s bill was passed by both chambers of the Arizona Legislature earlier this month but fell victim to the first veto this session from Democrat Governor Katie Hobbs. The first-term lawmaker wrote, “While Joe Biden continues to neglect the national security crisis of this border invasion that’s allowing deadly fentanyl, terrorists, human smugglers, child sex traffickers, rapists, murderers, and other dangerous criminals to forever change our communities and the lives of Arizonans, state legislatures across the country are rightfully overriding the failures of his administration and Arizona is no different. We are urging Hobbs to not fail Arizonans again, and to sign our legislation when it hits her desk.”
State Representative Austin Smith echoed Shamp’s comments, calling on Hobbs to join legislative Republicans in addressing the border crisis. He stated, “The states can defend their borders. Governor Hobbs sign the border bills, end this madness and dangerous influx of illegals coming to Arizona. Do your job and defend the state.”
The states can defend their borders. @GovernorHobbs sign the border bills, end this madness and dangerous influx of illegals coming to Arizona.
Other border related bills are currently making their way through the Arizona Legislature. Governor Hobbs is expected to oppose all Republican efforts to mitigate the border crisis from the state level.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two Arizona Republican legislators are raising concerns over a draft of the new Elections Procedures Manual (EPM) from Secretary of State Adrian Fontes.
On July 18, Representatives Jacqueline Parker, the Chairwoman of the Arizona House Committee on Municipal Oversight & Elections, and Alexander Kolodin, the Committee’s Vice Chair, transmitted a letter to Secretary Fontes, highlighting certain issues with the initial copy of the EPM that they had seen from his office.
MOE Committee is also pouring through the EPM with a fine toothed comb. There are many violations of statute so far. pic.twitter.com/ktD9F9mSNe
— Rep. Jacqueline Parker (@electjacqparker) July 19, 2023
The lawmakers were grateful that Fontes allowed them to see his draft, and they expressed optimism that “with legislative guidance, the 2023 EPM will not meet the same fate as the 2021 EPM, and that Arizonans will be assured that all drafts, including the final draft presented to the Governor and Attorney General, are legally consistent with Arizona election law.” They called the 2021 saga “both unprecedented and unacceptable,” writing, “Your predecessor’s failure to issue a lawful EPM ultimately led a court to decide that the 2019 EPM was in effect for Arizona’s 2022 elections, rather than an updated, legally compliant 2021 EPM.”
— Rep. Alexander Kolodin (@realAlexKolodin) July 19, 2023
In their letter to Secretary Fontes, Parker and Kolodin identified eight possible violations of Arizona statutes in four chapters of the draft EPM:
– Chapter 1: Early Voting
o “Part I, page 5 moves ‘date of birth’ from required information to additional information that may be provided by a voter to receive an early ballot.”
o “Part I, page 3 allows the County Recorder to send a requested early ballot ‘after 5:00pm the 11th day preceding the election if the County Recorder has sufficient time to do so.”
o “Part I, page 16 requires the County Recorder or officer in charge of elections to supply printed instructions that ‘provide the voter instructions on how to make their intent clear if they inadvertently mark the target area for a candidate or ballot measure.’”
o “Part I, page 18 includes the exclusion of an established Ballot Replacement Center.”
– Chapter 2: Ballot-by-Mail Elections
o “Part I, page 31 refers to ‘precinct with 300 or less registered voters.’”
– Chapter 7: Pre-Election Procedures
o “Part II, page 34 allows the officer in charge of elections to allocate specified duties to any board member as deemed appropriate, including ‘taking appropriate measures to preserve order, prevent voter intimidation, and manage voter lines.’”
– Chapter 8: Election Day Operations
o “Part III, page 8 adds additional examples ‘potentially intimidating conduct’ that supersedes statutory law.”
o “Part III, page 19 adds language that prohibits a challenger from speaking to a challenged voter to ‘prevent harassment and intimidation of the challenger voter.’”
The two Representatives also requested that “future drafts of the EPM contain statutory references for each provision to provide county officials with the statutory source of each EPM provision.” Parker and Kolodin pointed out two sections in the draft EPM where there were no statutory references – as examples to illustrate their issue.
As they concluded their letter to the state’s elections chief, the legislators commented that they “are looking forward to seeing these provisions addressed prior to the EPM’s submittal to the Governor and the Attorney General on October 1, 2023.” They promised to communicate in a timely manner with the Secretary’s Office “about any other concerns that might arise,” and they asked for a written response to their letter by July 25.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Republican legislators are fighting back against the Biden Administration’s environmental schemes.
On Thursday, Republicans in the state legislature publicized the transmission of two letters to the U.S. Environmental Protection Agency (EPA) from Senate President Warren Petersen and House Speaker Ben Toma. The submissions were written to oppose the EPA’s proposed regulations on Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3 and Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles.
The Arizona Senate Republican Caucus argued that “through these massive EPA regulations, the Biden Administration wants to force a transition from gas-powered vehicles, radically transforming our nation’s entire automotive industry and costing billions of dollars to achieve such lofty standards.” The Caucus added that “if these rules go into effect, two-thirds of all new vehicles sold in the United States are expected to be electric.”
In the letter to the EPA on the rule for Greenhouse Gas Emissions, the legislators asserted that the “EPA’s proposed rule will hurt Arizona families and workers by forcing them to buy vehicles they cannot afford, increasing the cost of goods they need, costing them jobs, decreasing the reliability of the electricity they depend on, and weakening our national security by making us dependent on China.”
While Hobbs uses taxpayer dollars for sex change surgeries and Mayes won't carry out her constitutional duties as AG, the @AZSenateGOP and @AZHouseGOP are stepping in to protect Arizonans from promised economic turmoil caused by the Biden Administration.https://t.co/mvz38bUEBO
And in the letter to the EPA on the regulation for Multi-Pollutant Emissions Standards, Petersen and Toma presented ten reasons why the federal agency should reject the rule, making the case that the proposed rule “relies on unlawful and faulty calculations for the Social Cost of Greenhouse Gases, fails to consider safety issues, makes erroneous estimates about grid reliability, and makes erroneous estimates about energy security and critical mineral availability.”
Two additional legislators also weighed in on the EPA’s pending efforts. Senator Sine Kerr, the Chairman for the Senate Committee on Natural Resources, Energy & Water, said, “Not only does the production of these vehicles contribute to hazardous impacts on the environment, but their power source creates huge health and safety risks to drivers and first responders in the event of a crash or a fire. These radical regulations will have catastrophic impacts on lives and livelihoods, as well as an already strained power grid. We urge the EPA to do the right thing and protect our citizens by rejecting these rules.”
Senator Frank Carroll, the Vice Chairman for the Senate Committee on Transportation and Technology stated, “Forcing a transition to electric cars will make our country more dependent on China, threaten our national security, stretch our electric grid to the breaking point, make traffic crashes more dangerous and more deadly, increase the cost of goods and kill countless American jobs. The federal government’s assumption that the average person can afford a $60,000 electric vehicle is completely out of touch with reality and will greatly jeopardize our economy.”
Petersen and Toma’s actions on this front earned recognition from National Review, which featured the letters in a recent article. The Senate President spoke to the publication, saying that “we are stepping in the gap to hold the line against federal overreach.”
Josh Kredit, Chief of Staff for the Arizona Senate Republicans, shared the National Review letter on his Twitter account, adding, “The Arizona Legislature is working to protect consumers and filling the role of what an AG should be doing.”
There might not be much runway left on this legislative session for Arizona legislators, but some legislators are already planning the introduction of a bill that could be introduced next year.
Arizona Senator Justine Wadsack tweeted Sunday, “I plan to introduce legislation that removes the power of the County BOS from choosing people to replace legislators who are Expelled or Resign. We must put the power in the hands of the PCs, who’s authority currently ends at presenting (3) candidates for the BOS to choose from.”
I plan to introduce legislation that removes the power of the County BOS from choosing people to replace legislators who are Expelled or Resign.
We must put the power in the hands of the PCs, who's authority currently ends at presenting (3) candidates for the BOS to choose from.
— AZ Senator Justine Wadsack (@Wadsack4Arizona) June 25, 2023
Wadsack explained her reasoning with a follow-up post, writing, “The Precinct Committeemen (PC) know who they want. Each PC represents their precincts & therefore know what THE PEOPLE want. The County BOS knows who to appoint based on what the political machine wants. It’s time to change the process to fit the needs of the people.”
The Precinct Committeemen (PC) know who they want. 👍🏼
Each PC represents their precincts & therefore know what THE PEOPLE want. 👍🏼
The County BOS knows who to appoint based on what the political machine wants. 👎🏼
It’s time to change the process to fit the needs of the people.
— AZ Senator Justine Wadsack (@Wadsack4Arizona) June 25, 2023
The Senator received support for this bill from one of her colleagues in the House of Representatives, Austin Smith, who tweeted, “The opponents of something like this are TOTALLY ok with politicians having the final say picking their representatives and senators. Where are the champions of Democracy now?
The opponents of something like this are TOTALLY ok with politicians having the final say picking their representatives and senators. Where are the champions of Democracy now? 🤣 https://t.co/MIWGdlWq3y
When cautioned against proceeding with this idea with a Democrat governor, Smith responded, “Likely won’t need to the governor, may need to send this to the ballot as a constitutional amendment.”
Likely won’t need to the governor, may need to send this to the ballot as a constitutional amendment.
The issue of selecting replacements at the Legislature during session became inflamed last month when Senator J.D. Mesnard took to the floor of his chamber to address the Maricopa County Supervisors’ ongoing consideration of two legislative vacancies in both the House and the Senate. Mesnard’s frustrations boiled over on the Senate floor as he laid out his charge against the Supervisors’ alleged delay in filling the two vacancies for 19 (Senate vacancy) and 20 (House vacancy) days. He informed his colleagues that “the length of these vacancies is the longest, while we’ve been in session, in half a century – 56 years!” The East Valley lawmaker also said that 8.76 days is the historical average to fill the vacancy.
Senator Mesnard spoke on behalf of the 120 Republican precinct committeemen who rearranged their schedule back in April to nominate the three individuals to fill the open House seat. He bemoaned the fact that such a lengthy delay was not previously an issue, and he hinted that maybe his colleagues should take future action to change the statute to force the county board of supervisors to act with more urgency when filling vacancies during a legislative session. He stated that the “Board of Supervisors should have held a special meeting to hasten what should be an important priority for them.”
Both of the vacancies for the Legislature were filled by the Maricopa County Supervisors soon after Mesnard’s address on the Senate floor. However, that didn’t stop Republican legislators from plotting a change in the law on this front.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
