Two GOP lawmakers will defend the state’s ban on abortions due to fetal genetic abnormalities, since Attorney General Kris Mayes refuses.
House Speaker Ben Toma (R-LD27) and Senate President Warren Petersen (R-LD14) were granted permission to defend the law by U.S. District Court Judge Douglas Rayes last Thursday. Alliance Defending Freedom (ADF), a Scottsdale-based Christian legal advocacy group, is representing Toma and Petersen in the case, Isaacson v. Mayes.
Rayes determined that Toma and Petersen were qualified to intervene because they had significant protectable interest in the case. The pair requested to intervene in February, following Mayes informing the court that she no longer wished to represent the state in this case. Mayes told multiple news outlets just days into her administration that she wouldn’t defend or uphold the state’s existing abortion laws.
“Arizona has made a policy decision to vest in its legislative leaders an interest in defending the constitutionality of the legislature’s enactments,” stated Rayes. “If [Toma and Petersen] are not permitted to intervene, the challenged laws will go undefended, which ‘risk[s] turning a deaf ear to the voices the State has deemed crucial to understanding the full range of its interests.’”
Throughout her campaign and in her first few months as attorney general, Mayes characterized the contested abortion ban as “unconstitutional” and in violation of Arizona’s privacy clause, promised to not prosecute abortionists in violation of law, and vowed to use her authority to prevent county attorneys from enforcing abortion restrictions and bans.
“Intervention is even more appropriate here, where the Attorney General’s interests are directly contrary to those of the proposed intervenor,” stated ADF’s petition.
As AZ Free News reported last week, Mayes revealed that her office has even been encouraging pharmacies to give out abortion pills.
A.R.S. § 12-1841 allows legislative leaders to intervene in cases challenging the constitutionality of state statutes. Last year, the Supreme Court (SCOTUS) upheld the legality of state laws like Arizona’s.
Abortionists Paul Isaacson and Eric Ruess; the National Council of Jewish Women, Arizona section; Arizona National Organization for Women; and Arizona Medical Association sued the state over the abortion ban in August 2021. The ban, codified through SB1457, prevents a woman from terminating her pregnancy due to the presence of any fetal genetic abnormalities, like Down Syndrome.
SB1457 argued that the state had three compelling interests in outlawing selective abortions: protecting the disability community from discriminatory abortions; protecting citizens from coercive medical practices encouraging selective abortions based on genetic abnormalities; and protecting the integrity and ethics of the medical profession by preventing doctors from becoming witting participants in genetic-abnormality-selective abortion.
Last July, the court ruled that the law’s recognition of the personhood of unborn children was unconstitutionally vague and in conflict with other state laws.
The state legislature is working on passing additional abortion regulations and restrictions. SB1600 from State Sen. Janae Shamp (R-LD29) provides protections to infants born alive from a botched abortion. According to the Arizona Department of Health’s (AZDHS) latest data, at least nine babies were born alive following a botched abortion procedure in 2021. The Senate passed Shamp’s bill along party lines last month.
SB1146 from State Sen. Jake Hoffman (R-LD15) would require the State Board of Investment to identify companies that donate to or invest in organizations that promote, facilitate, or advocate for abortions for minors or for the inclusion of or referral of K-12 students to sexually explicit material. The Senate passed the bill earlier this month, also along party lines.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A top Arizona lawmaker is frustrated with the lack of media coverage on his Democrat colleagues’ partisan votes and is highlighting the issue to make people more aware – especially when it comes to a bill dealing with clear divisions in school restrooms.
Senate President Warren Petersen recently posted on social media: “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 bill that President Petersen was referring to is SB 1040, sponsored by Senator John Kavanagh, which deals with reasonable accommodations for restrooms in public schools. Kavanagh’s legislation, designated as the Arizona Accommodations for All Children Act, “requires 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,” according to the purpose of the bill provided by the State Senate.
Late last month, SB 1040 passed the State Senate with a 16-14 vote along party lines. All Republicans voted in favor, while all Democrats voted against the bill.
After the vote, the Arizona Senate Republican Caucus tweeted, “JUST IN: Senate Republicans voted to keep males out of female showers, locker rooms and bathrooms at public schools. We believe in protecting Arizona’s children! Every Senate Dem voted against the measure. Senator Marsh’s solution was to ‘buy shower curtains.’
JUST IN: Senate Republicans voted to keep males out of female showers, locker rooms and bathrooms at public schools. We believe in protecting Arizona’s children!!
Every Senate Dem voted against the measure. Senator Marsh’s solution was to “buy shower curtains.”
Senator Wendy Rogers followed that message with one of her own after voting in favor of SB 1040: “No brainer. Unbelievable that we have to pass a law to keep males out of the Ladies Room.”
No brainer. Unbelievable that we have to pass a law to keep males out of the Ladies Room. https://t.co/oS48uGFYQ9
In a legislative update from Senator J.D. Mesnard on March 6, which addressed his vote on SB 1040, he wrote: “This was a pretty commonsense notion, until recent times, when a radical ideology – based on the concept of gender identity – started taking hold. The bill respects the bodily privacy rights of children, who should not be forced to share such an intimate setting with someone of the opposite sex, while also providing reasonable accommodations to those who wish to identify as the opposite sex. Sex-separated spaces have never been about how one identifies – it doesn’t make any sense. Despite all Senate Democrats voting against the measure, it passed with Republican support and heads to the House.”
"The bill respects the bodily privacy rights of children, who should not be forced to share such an intimate setting with someone of the opposite sex, while also providing reasonable accommodations to those who wish to identify as the opposite sex."
Certain Arizona interest groups were strongly opposed to the bill’s clearance from the Senate. HRC (Human Rights Campaign) in Arizona tweeted, “Bans trans students and teachers from using school restrooms that match their gender identity and allows people to sue schools if they share a restroom or similar school facility with a trans person.”
WEDNESDAY 2/15 at 2pm – Senate Education Committee
SB1040 – Bans trans students and teachers from using school restrooms that match their gender identity and allows people to sue schools if they share a restroom or similar school facility with a trans person. 6/
The Progress Arizona Twitter account wrote, “SB 1040 is yet another dangerous bill that prohibits transgender students and teachers from using public school restrooms. The GOP Senate Education Committee members advanced the bill forward yesterday, despite the expectation that it’ll be vetoed.
SB1040, sponsored by Senator Kavanagh, is yet another dangerous bill that prohibits transgender students and teachers from using public school restrooms. The GOP Senate Education Committee members advanced the bill forward yesterday, despite the expectation that it'll be vetoed. pic.twitter.com/u9swOlF1Xp
Senator Kavanagh’s legislation was transmitted to the Arizona House, where it is expected to be considered and brought to the floor in the near future. If it is approved by the House, the bill has no chance at being signed into law by Democrat Governor Katie Hobbs, who alluded as much in a tweet on International Women’s Day.
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.
Republicans at the Arizona Legislature are looking out for taxpayers’ interests, and one beleaguered group is in their sights.
On Wednesday, House Speaker Ben Toma and Senate President Warren Petersen sent a surprising and blunt letter to the Executive Director of the National Association of Attorneys General (NAAG), warning that litigation is “reasonably likely” over concerns that NAAG may not be “complying with Arizona public money laws.”
Toma and Petersen outlined some of the justifications for their concerns, including the recent reporting “that NAAG lost at least $37 million last year on a panoply of investments in things like private equity and foreign stocks. The legislative leaders also highlighted the reports “that NAAG utilized assets from public settlements to secretly support ESG-linked investments and to fly Attorneys General and their families on European holidays.”
— Arizona House Republicans (@AZHouseGOP) March 2, 2023
According to the letter (which pulled from several press reports), “NAAG has amassed over $250 million in assets from public enforcement settlements, which include Arizona public monies.” Toma and Petersen assert that “NAAG is subject to the duties and liabilities set forth under Arizona law for custodians of public moneys, that public monies cannot be appropriated without legislative authorization, and that investments must comply with Arizona law.” Their letter states “it appears that NAAG has been operating outside the lines, and the result is millions in public money lost on ESG investments, foreign stocks, and trips to Europe, while millions still sit in the hands of an unaccountable bureaucracy in Washington, D.C.”
Toma and Petersen write, “The situation is unacceptable and not consistent with Arizona law. It is time that Arizona’s laws and regulations start applying to NAAG and that this unaccountable slush fund activity stop now.”
The letter from Toma and Petersen follows a series of actions taken against NAAG in the past two years – mostly by Republican Attorneys General. A handful of Attorneys General took steps to sever their state’s relationships with NAAG, while several other states highlighted their significant concerns with NAAG in attempts to force necessary change. Former Arizona Attorney General Mark Brnovich was one of the top cops running for the exit doors with NAAG, following Alabama, Texas, Missouri, and Missouri. Three former attorneys in the Arizona Attorneys General Office under Brnovich just recently became employed by the State Senate and House in the past few months.
Alabama Attorney General Steve Marshall was the first officeholder to break away from NAAG back in 2021. He said at the time, “I can’t justify spending taxpayer dollars to fund an organization that seems to be going further and further left. With the money we will save, I can add a young lawyer to my consumer protection division and yield a far better return on the taxpayer’s investment.”
The Alliance for Consumers organization cheered Arizona’s latest move this week, tweeting, “Kudos to Arizona! The @NatlAssnAttysGn should be held accountable for recklessly spending taxpayer dollars on their woke agenda.”
— Alliance For Consumers (@for_consumers) March 2, 2023
After receiving the letter, NAAG had a short comment in response: “NAAG has received the letter from the Arizona Legislature. We are working with our Executive Committee of attorneys general on the matter and will present it to our membership.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Republicans and Democrats might have had different motives for supporting a bill that would require Arizona governors to operate with more transparency with their inaugural funds, but they managed to come together to overwhelmingly pass the new policy out of the Arizona Senate.
SB 1299, which was sponsored by Senator Wendy Rogers, passed the State Senate on Monday with a 29-0 vote – with one Democrat not voting (Eva Diaz). Senator Diaz had previously voted for the bill when it unanimously passed the chamber’s Government Committee earlier in the month.
Senate Republicans were extremely pleased with the progress of the legislation. Soon after the bill’s passage in his body, President Warren Petersen tweeted, “Democrats and Republicans just voted out unanimously that the Governor needs to be transparent with her inauguration funds!”
Democrats and Republicans just voted out unanimously that the Governor needs to be transparent with her inauguration funds!
The Arizona Senate Republican Caucus victoriously stated, “In an effort to address the shady practices of @GovernorHobbs with regards to her handling of her Inauguration Fund, @WendyRogersAZ sponsored SB1299, which would require 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 Caucus also touted the bipartisan support for the bill.
In an effort to address the shady practices of @GovernorHobbs with regards to her handing of her Inauguration Fund, @WendyRogersAZ sponsored SB1299, which would require the Governor's office to publish on its website, within 15 days after the inauguration ceremony, information… https://t.co/7a6cimuX2Rpic.twitter.com/GUtGPM2dDg
Democrats had no choice but to support a bill aimed both at transparency and at their same-party chief executive, whose actions around the fundraising, reporting, and future use of her Inaugural Fund generated red flags and questions around the state since the start of the year. Legislators in both chambers have sent letters to Hobbs about her Inaugural Fund – most recently about what her intentions might be when it comes to spending the massive amount of excess funds not used from the early-January inauguration events.
The headlines have not been gentle when it came to Hobbs’ actions (or lack thereof) with her Inaugural fund. On January 5, Laurie Roberts of the Arizona Republicwrote an opinion piece entitled, “Katie Hobbs keeps donations secret. Is this what she calls ‘transparency’?” And on February 2, Roberts wrote another opinion piece with the headline, “Gov. Katie Hobbs still hasn’t come clean on her inauguration fund.” Roberts wrote, “While governors always have raised money to help defray the cost of their inaugurations, Hobbs is the first to keep the leftover cash. Usually, it’s transferred into a public protocol fund, to be used for public purposes. Hobbs, instead, established a nonprofit account where the money can be used to fund political campaigns. A state government website was employed and now mum’s the word on how she intends to spend the $1.6 million or more in leftover funds…. Hobbs promises to be a ‘champion for everyone’ but my guess is that, as with all politicians, some ‘champions’ will have more access and influence than others.”
SB 1299 now heads to the Arizona House for consideration before a potential showdown with the inspiration for the bill herself: Governor Katie Hobbs.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
As expected, Governor Katie Hobbs vetoed the budget sent to her by the Arizona Legislature, putting the state’s financial future into a potential situation of future limbo.
Instead of signing a budget very similar to one passed last session by a bipartisan majority of legislators, Governor Hobbs repeatedly attacked Republicans for doing their constitutional duties over the past month, characterizing the $15.8 Billion budget as “approved by a slim, partisan majority.” Her statement, released after her veto of the budget, framed the legislature’s offering as a “do-nothing budget” that “kicks the can down the road,” and that it was “an insult to Arizonans.”
After these sharp assertions by Arizona’s new Chief Executive, her office released a tweet from her @GovernorHobbs account that reiterated her oft-used claim that her “door is open” and that she welcomes “any sincere efforts to work on a budget that puts people, not politics, first.” Hobbs’ “open-door” claim has been refuted by Republicans throughout the first month of the legislative session, including one statement from Representative David Livingston on February 1, 2023, when he said, “It’s one thing to talk a big talk & use social media to say you have an open-door policy, but I can tell you from personal experience, her door is locked from the inside.”
🔥🔥🔥"It's one thing to talk a big talk & use social media to say you have an open-door policy, but I can tell you from personal experience, her door is locked from the inside."
Senate President Warren Petersen had also shared his concerns about the lack of communication from the Ninth Floor in the weeks leading up to this budget passage and gubernatorial veto. Also on February 1, Petersen told his chamber that “we have an open door policy to hear all budget requests and suggestions, and we haven’t heard a peep from Governor Hobbs!”
"We have an open door policy to hear all budget requests and suggestions, and we haven't heard a peep from Governor @GovernorHobbs!"
Republicans had no shortage of responses after seeing the news of the governor’s veto. Senate President Pro Tempore T.J. Shope tweeted, “How brave to veto a budget that just six months ago was awesome. Gonna be a long session and a long four years @GovernorHobbs but I’ll be here for all of it. Some of us have been working and others have been offering platitudes about open doors and such. Arizonans deserve better…”
How brave to veto a budget that just six months ago was awesome. Gonna be a long session and a long four years @GovernorHobbs but I’ll be here for all of it. Some of us have been working and others have been offering platitudes about open doors and such. Arizonans deserve better… https://t.co/D82U7A1Jsv
Representative Lupe Diaz wrote, “Katie Hobbs just vetoed a sensible strong budget that both Republicans and Democrats voted on last year. With this veto she shows that she is willing to put the citizens of Arizona in the path of a State shut down.”
Katie Hobbs just vetoed a sensible strong budget that both Republicans and Democrats voted on last year. With this veto she shows that she is willing to put the citizens of Arizona in the path of a State shut down. Let your friends know that she is irresponsible and reckless.
Representative Joseph Chaplik informed his followers that “Every single Dem in #azleg voted for this budget in 2022. Katie Hobbs’ veto shows she’d rather shut the state down than do the right thing for every citizen of this state.”
Every single Dem in #azleg voted for this budget in 2022. Katie Hobbs’ veto shows she’d rather shut the state down than do the right thing for every citizen of this state.
Hobbs’ veto proves once again that she cares more for illegals than Arizonans and is an unserious… https://t.co/94mWApjitl
Senator Anthony Kern said, “Katie Hobbs just vetoed $82 million for the School Safety Program that provides grant funding for both school counselors and school resource officers.”
Katie Hobbs just vetoed $82 million for the School Safety Program that provides grant funding for both school counselors and school resource officers. @AZSenateGOPpic.twitter.com/QrG9m47yEF
Legislative Democrats, however, were appreciative of Hobbs’ veto. House Democratic Leader Andrés Cano applauded the governor’s action, saying, “Republican lawmakers unilaterally introduced a sham budget that they knew would be vetoed. This was a colossal waste of time by the GOP that involved no opportunity for compromise or negotiation.” Senate Democratic Leader Raquel Terán tweeted, “.@GovernorHobbs did right by every Arizona with this veto. This ‘budget’ does nothing to move us forward, but would rather chain us to the past. It’s time to step into the future and craft a budget that addresses our shared reality.”
Arizona’s Fiscal Year 2024 begins July 1, and Governor Hobbs’ veto has now officially kickstarted the stare down over a possible lapse in state funding this summer. Hobbs is expected to veto many more Republican bills this session, and it remains to be seen if communication between the sides will improve as they approach the June 30 deadline to reach an accord on another budget compromise.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
