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Hobbs executive order bars county attorneys from prosecuting abortion providers | State

Gov. Katie Hobbs speaking at a statewide Right to Birth Control Act press conference in Phoenix on June 22, 2023. The governor marked the first anniversary of the Dobbs-Jackson Women’s Health Organization by endorsing legislation to protect access to contraception. Issues an executive order to prevent prosecution of abortion providers.Photo by Gloria Rebecca Gomez | Arizona Mirror

Governor Katie Hobbs issued the following statement: presidential decree It will preemptively block county attorneys across the state from attempting to prosecute abortion providers this week.

This activity took place right after the one year anniversary. Dobbs The ruling eliminated the constitutional right to abortion and paved the way for the criminalization of doctors. Democrats across the country and Arizona, which currently has a 15-week abortion ban, mobilized for attention again this week Access to reproductive health care.

In a press release announcing the executive order, Hobbs said, “We will not allow extreme and irrational politicians to interfere with the fundamental right of Arizona citizens to make decisions about their bodies and futures.” Stated.

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Grand Canyon doctors are working under a 2022 law limiting abortions longer than 15 weeks, but abortions have been almost universally banned since 1864, and doctors have two Threats of imprisonment of 2 to 5 years still remain. The 2022 law includes a sixth-degree felony and revocation of a doctor’s license to perform an abortion for reasons other than an immediate threat to life.

The 1864 Act was briefly enforced last year by then-Republican Attorney General Mark Brnovic. argued in court It said it could co-exist with the 15-week limit, and county attorneys could choose which one to enforce.a Top Concerns for Arizona Judges at that time who Ruling that 2022 law should take precedence, that Brnovic’s defense had left too much to the political affiliation of the county attorney. The ruling that blocked the near-total ban of 1864 pending appeal and at least one county attorney, Dennis McGlenn of Yavapai Countyhave expressed interest in supporting it.

Mr. Hobbes’ order requires that all cases involving abortion law violations be referred only to Democrat and staunch choice-promoting Attorney General Chris Mays, allowing the state’s 15 county attorneys to provide abortions. It circumvents the power to prosecute a person. repeatedly refused to take over the position of his predecessor Instead, many companies participate in Efforts to protect access to abortion. Centralizing legal action in state attorneys general’ offices “provides uniformity and ensures equal and consistent application of law across the state,” Hobbes wrote in the order.


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“Governor Hobbes’ executive order provides Arizona with important protections on this issue, and we are committed to vigorously defending the fundamental rights of individuals and ensuring access to reproductive health care in Arizona. It underscores our common commitment,” Mays praised in a written statement. “Together, we will continue to do what Arizona voters chose for us. I will fight hard to protect my rights.”

Pima County Attorney Laura Conover, also an advocate of reproductive rights and instrumental in challenging the 1864 near-total ban in court, said Mr. Hobbes’ order would extend to areas not overseen by choice-promoting authorities. He hailed it as a much-needed defense for Arizonans living there.

“Everyone in Arizona should have access to basic reproductive freedoms, regardless of county,” she said. “We are at a pivotal historic moment and applaud the governor’s intentions to ensure equal protection and access to critical health services across the state.”

The order also promises to deny requests from out-of-state authorities to extradite abortion providers to be punished for providing abortions to nonresident women. At a clinic in Arizona, Patients pour in from neighboring states, like Texas, which has a six-week ban. Republican lawmakers in anti-abortion states have previously floated the idea of ​​prosecuting doctors they deemed to be violating abortion laws. the laws introduced to do so have not yet succeeded.

Hobbes also barred state agencies from aiding out-of-state investigations or handing over reproductive health care information that could be used to criminalize Arizona health care providers. Only a court order, federal law, or Arizona law authorizes such action. Finally, the executive order establishes a new advisory board whose purpose is to recommend actions that Hobbes can take to expand access to reproductive health care statewide.

Arizona, a family planning group that runs four of the state’s nine abortion clinics, praised Hobbes’ order but said challenges remain to be addressed to maintain access to abortions. . The group is one of the main parties to a recently revived lawsuit by anti-abortion groups calling for the reinstatement of the 1864 Near Total Abortion Law. The executive order is the result of consultations between the governor’s office and local abortion advocacy groups, including PPAZ. Lobbying for Executive Order to Protect Providers Starting in January.

“This executive order will help alleviate the fear and anxiety that swept through Arizona in the year since Mr. Low’s ruling was overturned, and help protect all those seeking and providing needed medical care.” Arizona Planned Family Planning CEO Brittany Fonteno said in an emailed statement. “Don’t get me wrong, there’s always work to be done. Arizona people are still living under the restrictions of a 15-week abortion ban, and anti-abortion extremists want to protect our fundamental right to physical autonomy.” but today brings us a day of hope and welcome.” Road. “

post Hobbes Order Prohibits County Attorneys from Prosecuting Abortion Providers arizona mirror.

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