Governor Katie Hobbs is moving to strip 15 county attorneys of the state from prosecuting doctors and medical professionals who perform abortions and give power to Attorney General Chris Mays, also a Democrat. .

And given the AG’s position on the matter, she will not press charges, which could effectively lead to the full decriminalization of abortion in Arizona.

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 have arisen as to what state laws are currently applicable and enforceable, and are currently being contested in the Arizona Supreme Court.

All of this “could lead to county attorneys within a state making different decisions about whether and how to criminally prosecute the same or similar conduct related to abortion care.” Yes,” 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. .

The order was revealed on the day. On June 23, Mr. Hobbes holds a press conference with Reproductive Rights advocacy leader Rep. Athena Salman (D-Tempe) to enact legislation to protect the right of all women to access contraceptives. June 23rd, the day after we announced our efforts to

In overturning Roe v. Wade, Judge Clarence Thomas, they argued that past Supreme Court rulings establishing the right to contraception, outlawing sodomy, and legalizing same-sex marriage, were applied to the right to privacy. He noted that he had suggested to his colleagues to reconsider the judgment as dependent. in the constitution.

Hobbes has directed Mays to “accept all liability with respect to criminal prosecutions of health care providers and other entities and individuals. These criminal prosecutions may be pending by the county attorney in any county within the state.” raised during or in the future. Prohibit abortion care.”

Hobbes specifically cited a law dating back to Territorial times that imposes a prison sentence of two to five years for anyone who performs an abortion unless it is necessary to save a woman’s life.

This is significant because the Arizona Supreme Court ruled that the law, which has never been repealed since the U.S. Supreme Court’s Roe decision in 1973, is automatically reenforceable after a judge vacated the Roe decision last year.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.

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

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

“Late-term abortions are extremely rare and most often done to save a life, the mother, or when the fetus is no longer viable,” said Richie Taylor, a spokeswoman for Mays. “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.

“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 we’re going to be county prosecutors.”

And no matter what people believe about abortion, the governor’s order sets a dangerous and illegal precedent, setting the stage for what might happen in the future when the governor and attorney general are filled with completely different people. said that

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.

“The governor’s attempt to undermine the authority of the 15 elected county attorneys is outrageous,” said Maricopa County Attorney Rachel Mitchell.

Mitchell, a Republican, said his lawyers are reviewing the order and will “take appropriate next steps.”

House Speaker Ben Thoma, who voted for abortion restrictions, said Hobbes could not legally do what he did.

“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.

“This presidential decree

“We will end the fear and unrest that gripped Arizona in the year since the Roe case was overturned, and protect all those seeking and providing much-needed medical care,” she 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 also directs state officials not to cooperate with investigations from other states that still have abortion restrictions on Arizona residents seeking abortion treatment. 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.

At a June 22 press conference on Hobbes’ contraception, Salman said he would introduce a bill next year that would give all Arizonans the right to access contraception.

Rep. Travis Grantham (R-Gilbert) said he had not seen the proposal but believed Mr. Salman would include clauses that the public would not like.

Republican.

“All I’m doing is guessing what the bill will contain, based on who introduces it, and the bill will have a majority in the caucuses and a majority in Congress. It’s completely unacceptable,” Grantham said.

“It takes 31 votes (in the House), but if that’s what I think the bill is, I personally don’t know a single Republican who would support it.”

“Arizona is one of those states where contraception could quickly become legally dangerous if a court lifts the injunction,” Salman said.

Herrod called it “a crazy idea.”

“The language of what is now called a preemptive clause before the Ninth Circuit is about an unborn baby,” she said. “I thought people were talking about birth control today, and that’s the point of birth control.”