In a new executive order Friday, the governor noted that the U.S. Supreme Court last year overturned the Roe v. Wade case and a woman’s constitutional right to terminate a pregnancy in a case called Dobbs. As a result, legal questions about what state laws are currently applicable and enforceable are still pending in the Arizona Supreme Court.

All of this “could result in county attorneys within a state making different decisions as to whether and how to criminally prosecute the same or similar conduct related to abortion care.” There is,” Hobbes said.

“The state is interested in ensuring that abortion laws are applied equally, consistently, and predictably to all people and all counties in Arizona,” the governor said in the order. .

She then instructed Mays to “assume all obligations with respect to any pending criminal prosecution of health care providers or any other entity or person hereafter brought by county attorneys in the state for violations of state law.” are doing. Or a ban on abortion care. ”

And even if the message isn’t clear, Mr. Hobbes specifically calls for a law dating back to Territorial times to impose two to five years in prison on anyone who performs an abortion unless it’s necessary to save a woman’s life. mentioned.

This is significant because the Arizona Supreme Court ruled that the law, which has never been repealed since the U.S. Supreme Court’s Roe decision in 1973, is automatically reenforceable after a judge vacated the Roe decision last year. It is planned to decide whether to become That was the legal position of then-Attorney General Mark Brnovic, a Republican.

Instead, Mays said a law banning abortions beyond 15 weeks, approved by Congress before the Supreme Court case, would take precedence. And that is the law currently in force based on the State Court of Appeal decision.

But other abortion opponents are picking up where Brnovic left off, calling for the state high court to reinstate the territory-era ban. This leaves the question of which laws are legally enforceable in a state of legal ambiguity.

But the governor’s order isn’t just about whether abortions will remain legal until 15 weeks.

Mays said during his campaign last year that he believed the 15-week ban was no more legal than a territorial law. That is, regardless of what the U.S. Supreme Court says, Arizona women have the right to terminate pregnancies under a specific provision in the state constitution that says, “No one shall be allowed to interfere with their private life.” based on the claim of without legal authority. ”

And Mays takes an absolutist view of it, including so-called “late” abortion.

“Late-term abortion is performed at a very high rate, most often to save lives, save the mother, or when the fetus is no longer viable,” said Richie Taylor, a Mays public affairs assistant. rice field. “The Attorney General believes decisions on issues like this should be made between the woman, her family, and the doctor.”

And just this year, he refused to defend another law that would criminalize abortion if a woman’s only reason for seeking an abortion was because of a genetic abnormality in her fetus. As a result, House Speaker Ben Thoma (Republican, Peoria) and Senate Speaker Warren Petersen (Republican, Gilbert) filed motions to intervene in federal court to defend the 2021 Act.

That leaves the question of whether the governor’s order is legal.

Hobbes reporter Christian Slater cited a decree that his superiors have the power to direct the Attorney General “to prosecute and defend cases in state courts” … this state or this state’s officials In respect of litigation in which the

But Cochise County Attorney Brian McIntyre said the governor misread the extent of his authority.

“The governor has the (Italian) authority to say ‘enforce this,'” he told the attorney general.

“I’m not saying that the governor has the power to subsequently remove the county attorney’s office’s constitutional officer,” McIntyre said. “That’s how it’s phrased that we’re going to be county prosecutors.”

And he sets a precedent that no matter what people believe about abortion, the governor’s order is dangerous — and he believes it’s illegal — when the governor and the person who holds the bar are very different. said that it was a stepping stone for what would happen in the future. Universal.

McIntyre, a Republican, said there are other legal remedies if Democratic governors don’t want to send people to jail for having abortions.

For example, governors can tell state administrative pardon boards that they should recommend immediate pardons for those convicted of abortion crimes, he said.

McIntyre also said that Mays, also a Democrat, could face a prison sentence simply by deciding that Mays’ office will not start a defense if someone convicted of abortion-related crimes appeals. He said he could rule out the possibility of a verdict.

Pima County Attorney Laura Conover said she supported the governor’s action, citing that the Arizona Supreme Court has yet to issue a final ruling on whether the abortion law (either a near-ban or a 15-week limit) is actually enforceable. Stated.

“I agree with the governor on both the urgency and the seriousness of this very specific situation,” he said in a prepared statement. Conover, a Democrat, also said that while the office protects abortion providers from prosecution in the county, that may not be the case statewide.

“This is an unacceptable equal protection issue and is especially dangerous for our rural areas,” she said.

Mr. Conover initially sidestepped the question of whether he believed the governor’s actions were in fact lawful. Instead, her office “will voluntarily forward all criminal referrals to the Attorney General in the spirit of correcting this constitutional inequality.”

But when asked about the position, an aide said Conover now believes the statute cited by Hobbes “seems to give the governor the power to issue executive orders.”

“At this time, I salute the Governor and the Attorney General,” the statement said.

But Maricopa County Attorney Rachel Mitchell had no hesitation in analyzing the order.

“The governor’s attempt to undermine the authority of the 15 elected county attorneys is outrageous,” she said. Mitchell, who is a Republican, also said his attorneys are reviewing the order and will “take appropriate next steps.”

House Speaker Ben Thoma, who voted for abortion restrictions, told the Capitol that Hobbes could not legally do what he did.

“The governor cannot unilaterally transfer the statutory authority to prosecute criminal cases in the 15 Arizona counties to the Attorney General,” Peoria Republicans said in a statement. He added that the problem is not just with the governor’s powers.

“At the very least, this order shows disrespect and contempt for the judiciary,” Thomas said, noting that the state Supreme Court is still deciding what laws will be enforced in Arizona.

But that’s not the view of Brittany Fonteno, president and CEO of Family Planning Arizona.

In a prepared statement, he said, “This executive order will help alleviate the fear and unrest that swept Arizona in the year since Mr. Low’s ruling was overturned and help protect all those who seek and provide needed medical care. It will help,” he said.

But Kathy Herrod, executive director of the Arizona Policy Against Abortion Center, said in a statement Friday that the order was illegal. She cited a provision in state law that says the governor “may request the attorney general to assist the county attorney in the performance of his duties.”

“Aid does not mean superseding or replacing,” Herod said.

“Governor Hobbes exceeded his authority as governor with his zeal for abortion,” she continued. “The law does not allow her to be stripped of her office as county attorney because of the clear powers granted to her by various laws in Arizona.”

The governor’s new order not only gives Mays new powers and strips 15 county attorneys of their powers.

It also instructs state officials not to cooperate with investigations from other states that still have abortion laws regarding Arizona residents seeking abortion care. We will cooperate only as ordered by a court, state law, or federal law.

And Hobbes said he would refuse extradition from Arizona to a state seeking to prosecute the person for abortion services that are illegal in Arizona but not here.