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 ARS 13-3603 is back in effect and will not be repealed in 90 days by SB 1164.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.”
Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. pic.twitter.com/jvjKXaXKwd
Brnovich went to court in Pima County Superior Court to lift the injunction on the abortion law in question and was successful.
A Pima County judge lifted an injunction that was placed on AZ’s abortion statute. We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans.
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.”
It is a dark day in Arizona. We are just fourteen days away from one of 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.
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
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.”
The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. pic.twitter.com/swEqJREVVS
— AZ Attorney General Kris Mayes (@AZAGMayes) April 9, 2024
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.”
Joint statement from Senate President Warren Petersen and House Speaker Ben Toma on the Arizona Supreme Court abortion ruling.⬇️
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.”
🚨 STATEMENT ON ARIZONA SUPREME COURT’S PRO-LIFE RULING 🚨
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.
— Arizona Freedom Caucus (@AZFreedomCaucus) April 9, 2024
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.”
🚨Late Breaking Statement🚨
In light of the overturn of Roe v Wade by the US Supreme Court, today the Arizona Supreme Court affirmed the right to life in Arizona based on existing state law. I stand in support of that decision and of the law itself, because it protects the most…
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.”
PRESS RELEAS: Senate Democratic Leadership Respond to the Planned Parenthood et al v. Kristin Mayes/Hazelrigg Opinion #azlegpic.twitter.com/OkEc3nd5SX
— Arizona Senate Democrats (@AZSenateDems) April 9, 2024
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.”
🚨 Today, the Arizona Supreme Court ruled to uphold a devastating 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. pic.twitter.com/CaOnxlJciv
— Arizona for Abortion Access (@azforaccess) April 9, 2024
The group revealed that it had over 500,000 signatures from Arizona voters – well over the threshold needed to qualify for the ballot.
The Arizona for Abortion Access campaign has already gathered well over 500,000 Arizona voter signatures. Approximately 384,000 valid voter signatures are required by July 3. The campaign will continue collecting signatures statewide until signatures are due on July 3, 2024.
— Arizona for Abortion Access (@azforaccess) April 9, 2024
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.
On Monday, a federal judge sentenced 64-year-old Mark Rissi to 2.5 years in prison for threats made to a Maricopa County election official and the former attorney general.
Rissi, an Iowa native, issued two separate threats in late 2021 to Maricopa County Board of Supervisors member Clint Hickman and former Attorney General Mark Brnovich. Rissi pleaded guilty to two counts of sending a threatening interstate communication.
Rissi told Hickman in a September 2021 voicemail that he would “lynch” him, and that he was going to die by hanging; months later, Rissi told Brnovich in a December 2021 voicemail that he would hang him as well. Rissi made it clear in both voicemails that he was dissatisfied by how both men were responding to allegations of the theft of the 2020 election from former President Donald Trump.
Rissi testified that he made the threats while under the influence of sleeping and pain medications he’d taken to mitigate his depression over his mother’s death, which he blamed on the COVID-19 vaccine, and the influence of misinformation regarding the elections process in Arizona. Rissi asked for forgiveness.
Arizona District Judge Dominic Lanza, a Trump appointee and longtime Federalist Society member, handed down Rissi’s sentence. Department of Justice (DOJ) attorneys Tanya Senanayake and Sean Lokey prosecuted the case, representing Hickman and Brnovich.
Senanayake has been with the DOJ since 2020 and, prior to that, served as a Federal Election Commission attorney for five years. In 2022, Lokey was named Arizona’s district election officer to oversee election day complaints of voting rights concerns, threats, and fraud.
In remarks to the judge, Senanayake said Rissi’s speech represented “threats to democracy.” Senanayake asked for 24 months in prison.
In a statement presented to the court by Senanayake, Brnovich asked for Rissi to be held accountable.
Hickman claimed in an interview with the “Mike Broomhead Show” on KTAR News that he petitioned for a lesser sentence for Rissi. Hickman also claimed that Lanza said he needed to make an example of Rissi.
“I gave the judge the ability to offer mercy and compassion for a guy that should not be spending maybe some of his last years on this earth in a jail cell,” said Hickman. “And I asked for compassion and mercy. The judge heard that and then the judge said, ‘Listen, we have to prove a point. This is the judicial system and punishment needs to be meted out.’”
In a press release, DOJ Acting Assistant Attorney General Nicole Argentieri warned that threats to election officials will be met with significant punishment.
“This sentence makes clear that individuals who illegally threaten election officials and others associated with the electoral process will face meaningful penalties,” said Argentieri. “The Justice Department will diligently investigate and prosecute attempts to illegally threaten, intimidate, and coerce the individuals administering the nation’s free and fair elections.”
Rissi’s case was one of the many under investigation by the DOJ’s Election Threats Task Force. According to a meeting from one year ago, the DOJ was investigating around over 100 cases out of over 1,000 they reviewed.
The DOJ launched the task force in July 2021 under Deputy Attorney General Lisa Monaco.
Monaco served as Homeland Security Advisor, Associate Deputy Attorney General, and Assistant Attorney General for the National Security Division under former President Barack Obama.
Monaco has worked in the upper ranks of every Democratic presidential administration since former President Bill Clinton. Monaco has served as a research coordinator for the Senate Judiciary Committee, chaired at the time by now-President Joe Biden, working on the Violence Against Women Act; legal intern for the White House Counsel’s Office and then counsel to former Attorney General Janet Reno under former President Bill Clinton.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Wednesday, Arizona Attorney General Kris Mayes sidelined Governor Katie Hobbs from the headlines with the release of investigative documents related to the 2020 election – a process started by former Attorney General Mark Brnovich.
Mayes unveiled three sets of documents: the March 8, 2022 Previously Unreleased Interim Findings Summary, the April 1, 2022 Draft of Interim Report with edits and suggestions made by AAGO agents, and the September 19, 2022 Previously Unreleased Investigative Summary. The Washington Post claimed the exclusive story just after 11am EST.
In a statement that accompanied the release of the documents, Attorney General Mayes said, “The results of this exhaustive and extensive investigation show what we have suspect for over two years – the 2020 election in Arizona was conducted fairly and accurately by elections officials. The ten thousand plus hours spent diligently investigating every conspiracy theory under the sun distracted this office from its core mission of protecting the people of Arizona from real crime and fraud.”
When asked by AZ Free News about the information revealed by his successor, Brnovich provided the following response: “I am proud of the work our office did with the election integrity unit that was created by the Arizona Legislature. While subjected to severe criticism from all sides of the political spectrum during the course of our investigations, we did our due diligence to run all complaints to ground. Where we were able to debunk rumors and conspiracies, we did so. Nevertheless, we also identified areas we believe the legislature and county officials should address to ensure confidence in future elections.”
The document dump from Mayes could close the book on a long chapter in Arizona political history – though questions and varying perspectives remain from thousands of citizens about the state of elections in the Grand Canyon State. The saga began with the Arizona Senate’s audit of the 2020 Maricopa County General Election, which lasted several months. On September 24, 2021, Attorney General Brnovich acknowledged that he was in receipt of the Arizona Senate’s draft report regarding the 2020 Election Audit in Maricopa County, stating, “I will take all necessary actions that are supported by the evidence and where I have legal authority.”
From the end of the November 2020 General Election to the transmission of the draft report to the Attorney General’s Office and through the end of his term in office – Brnovich could not please most Republicans or Democrats on the inflamed issue of election integrity – despite his 2021 victory at the U.S. Supreme Court in the landmark case Brnovich v. DNC. Former President Donald Trump took repeated aims at Brnovich in attempts to find issues, fraud, or wrongdoing with the 2020 General Election in Maricopa County. Even with immense pressure from countless concerned citizens, elected officials, and candidates for office, though, Brnovich did not take any legal action in response to the Cyber Ninja’s findings contained in the audit report.
Brnovich did, however, deliver an interim report to former-Senate President Karen Fann on April 6, 2022, focusing on what his “office can presently share and the current status” of the
review. In the letter to President Fann, Attorney General Brnovich wrote that the office had “reached the conclusion that the 2020 election in Maricopa County revealed serious vulnerabilities that must be addressed.” Those issues (or vulnerabilities) included “document preservation and production,” “early voting signature verification,” “early ballot drop boxes,” and the “use of private grant monies.”
The interim report also contained several recommendations for the state legislature and an accounting of previous or ongoing actions from Brnovich’s team to “defend election integrity” in Arizona.
The investigation into the Senate’s audit findings was separate from the higher-than-usual number of investigations that the Attorney General’s Election Integrity Unit (EIU) undertook into the 2020 election cycle. According to a document on “prosecutions related to voting or elections since 2010,” approximately half of the listed cases appear to be from 2020.
The Attorney General’s Office, under Brnovich’s direction, had already started to publish findings of its investigation in the months leading up to the transfer of power to Mayes. On August 1, 2022, Brnovich sent another letter to President Fann, alerting legislators that his office had “concluded our criminal investigation related to deceased voter allegations,” finding that “only one of the 282 individuals on the list was deceased at the time of the (2020) election.”
Legislative Democrats took the disclosure of investigative documents to counter their Republican colleagues’ attempts to enhance election integrity protections for future elections. The Arizona Senate Democrats Caucus tweeted, “Maybe we should stop hearing all those #BIGLIE bills in the #AZSenateElections committee now?”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Attorney General Kris Mayes accused her predecessor, Mark Brnovich, of election suppression.
In a Sunday interview with MSNBC, Mayes said that Brnovich’s office looked too hard for potential voter fraud. Mayes opined that only taking on five cases would be the norm every couple of years, not hundreds or thousands of cases in any one given year.
“This Election Integrity Unit — which was obviously completely misnamed, it was more like an ‘Election Suppression Unit’ here in Arizona — you know, it spent thousands of man and woman hours investigating conspiracy theories, alleged cases of voter fraud,” said Mayes.
Mayes went on to insinuate that the Election Integrity Unit (EIU) would meet its demise under her administration. The attorney general indicated that the EIU would be replaced with a unit that would challenge election scrutiny.
“We’ve got to put an end to that kind of effort to suppress the vote, we’ve got to change this into a unit that protects voters, protects the right to vote, and most of all, protects our elections officials,” said Mayes.
Mayes said she would prosecute anyone who threatens election officials. She also criticized Republicans for attacking early mail-in voting.
The contempt that Mayes and her office have for the former attorney general has been made obvious in recent weeks. Mayes’ newly appointed chief deputy attorney general, Dan Barr, indicated that physical force was the only means of handling Brnovich effectively.
“The only way to deal with cowardly bullies is to punch them in the nose,” wrote Barr. “That’s what @SecretaryHobbs is doing to @GeneralBrnovich.”
Under the leadership of @AZAGMayes, the Arizona Attorney General’s Office will now work with elections officials across the state and will prosecute the people who threaten them. https://t.co/Yui5nWXtL0
Mayes promised in previous weeks to repurpose EIU resources toward “protecting voting access and combating voter suppression.” Mayes toldThe Guardian earlier this month that she would use her office to protect mail-in voting from efforts to reduce it.
Brnovich established the EIU in 2019 with $500,000 from the governor’s office. He appointed now-former assistant attorney general Jen Wright to head the unit. Wright recently joined the legal team for Mayes’ GOP opponent, Abraham Hamadeh, as he challenges the validity of the 2022 general election.
Wright claimed that recount data revealed some voters recorded by election machines as “undervotes” were incorrect, and that provisional ballot rejections suggested previously invactive voters had their provisional ballots rejected as ineligible.
I’m please to announce I have joined @AbrahamHamadeh’s election contest to ensure that every legal vote was counted in the Arizona Attorney General’s race.
Wright has also initiated legal proceedings against Mayes after her office falsely claimed to The Arizona Republic that they fired Wright, when Wright had resigned before Mayes took office. The outlet hasn’t issued a correction or retraction, since Mayes’ office doubled down on the claim.
Mayes’ office may be in violation of Arizona law limiting agency disclosure of personnel information. Wright further claimed that Mayes’ office discriminated against Wright due to her political affiliation.
💥SERVED💥 “Arizona Administrative Code § R2-5A-105(D) limits the personnel information that an agency may disclose publicly… and your lies to the media fit nowhere within the authorized public disclosures.”
Attorney General Kris Mayes’ newly appointed right-hand man previously advocated for assault against the former attorney general.
Earlier this week, Mayes appointed lawyer Dan Barr to become her chief deputy attorney general. This comes a little under a year after Barr called former Attorney General Mark Brnovich a bully, indicating that physical force was the only means of handling him effectively.
“The only way to deal with cowardly bullies is to punch them in the nose,” wrote Barr. “That’s what @SecretaryHobbs is doing to @GeneralBrnovich.”
Barr issued the tweet in response to Governor Hobbs, then the secretary of state, suing Brnovich for threatening her with criminal action over her administration of the 2020 election.
He's right about one thing – the only way to stop a bully is to confront the bully head on (but not resort to violence as suggested by the "incoming" Chief Deputy, that would be assault & battery). pic.twitter.com/7HZ5f6pb89
The only way to deal with cowardly bullies is to punch them in the nose. That's what @SecretaryHobbs is doing to @GeneralBrnovich here. https://t.co/3MNZoiEe9F
Barr hails from Perkins Coie — the law firm formerly led by prominent Democratic Party and Russiagate attorney Marc Elias. He was representing Mayes in the case filed by her GOP opponent, Abraham Hamadeh, challenging this recent election. Barr filed a notice of withdrawal in the case on Monday.
Barr also represented Mayes in Hamadeh’s first lawsuit over the election results preceding the statewide canvass. Maricopa County Superior Court dismissed the case without prejudice for filing prematurely.
Barr told Arizona’s Law that he begins his role on Jan. 17. Jen Wright, former assistant attorney general and head of Brnovich’s Election Integrity Unit (EIU), questioned this timeline. She noted that he has an active email with the attorney general’s office.
If Barr hasn’t started conducting business on behalf of the AG, why would he have an AG email address? 🧐
Wright is contemplating a defamation lawsuit against Mayes after an unnamed source within the attorney general’s office falsely claimed to the Arizona Republic that Mayes fired Wright.
AZ Free News reached out to Barr about challenges to the timeline of his employment. We also asked if he had been or is currently working on any litigation with the attorney general’s office. He didn’t respond by press time.
Barr expressed confidence in Mayes’ ability to stop Saudi Arabia from using Arizona’s rural groundwater resources. Saudi Arabian companies rely on unlimited access to this water source for their commercial farms; unlike urban areas, groundwater in rural areas doesn’t have restrictions.
Barr is also supportive of Mayes’ approach to legalizing abortion. He expressed the belief that the “right to privacy” purportedly in the Constitution superseded the state’s interest in preserving unborn life. Prior to becoming a Supreme Court (SCOTUS) Justice, Louis Brandeis invented the “right to privacy” in the 1890s, later using it in key SCOTUS opinions. This language informed the landmark decision Griswold v. Connecticut — the precursor to Roe v. Wade, effectively creating a right to abortion and abolishing state bans on abortions.
“Mayes believes that Arizona's constitutional right to privacy supersedes Arizona's two restrictive abortion laws while Hamadeh believes that the pre-state law that bans most abortions and prosecutes doctors is Arizona's current law.” https://t.co/22LGqmrRyR
