Democratic Gov. Katie Hobbs of Arizona has faced backlash from Republicans over a recent executive order barring county attorneys from prosecuting abortion providers and allowing state insurance to pay for gender-confirmed care for state employees. facing retaliation.

Republicans on the state Senate director nominating committee went as far as to: Cancel all future meetings She was removed from the committee until Hobbes met and agreed to discuss what they called her abuse of power. Hobbes still expects the Senate to approve her own candidate, she said at a press conference last week.

Senator Jake Hoffman, the GOP chairman of the commission and leader of the Arizona Liberal Caucus, says Mr. Hobbs’ executive order is insane, but history says otherwise. said Erin Scharf, professor of law at Arizona State University’s Sandra Day School of Law. O’Connor Law School.

“I think both the Arizona governor’s record of doing this job and using that executive order for many years and the framework of the country that the governor uses executive orders to do exactly this sort of thing is what I’m trying to do. I think it’s an important part of the discussion, and sometimes I think it’s missing,” Schaaf told the Arizona Mirror.

After the federal Supreme Court overturned the constitutional right to abortion last year, governors across the country, including Colorado, Maine and California, issued executive orders protecting abortion rights in their states.

according to state government councilthe Arizona governor’s executive powers are implied, meaning that there is no state law that directly enumerates the extent of the governor’s executive powers, including with respect to executive orders.

The Arizona Constitution establishes three equal branches of government, including the Governor’s Office, which is charged with enforcing the law.

“When it comes to enforcing laws, enforcing statutory frameworks, and running government agencies, statutes don’t tell you how to do it on a day-to-day basis,” Schaaf said. “Therefore, in carrying out the work of government, there is implied some ability to direct its carrying out.”

Schaaf said people have criticized Hobbes’ methods and even challenged her enforcement in court, but there is no question that law enforcement is within her jurisdiction. . Of course, just because Hobbes has the power to issue executive orders doesn’t mean all of her orders are consistent with state constitutions and laws, Schaaf added.

Even before Arizona was a state, Arizona’s executive orders have been a way for governors to assert their power and tell appointees and the public how they want things to run.

of first presidential decree Made available through the Arizona Memory Project, a project of the Arizona State Library, it was created by Territorial Governor Alexander Brody in 1902. He thanked the retired colonel of the Arizona National Guard for his service.

Although this order was of a much less serious nature than Hobbes’s most recent order, over time the governor of Arizona issued more executive orders and even more controversial orders.

In the 1940s, as the nation and state of Arizona faced World War II, Democratic Governor Sidney P. Osborne issued an Executive Order on Civil Defense.

Democratic Governor Samuel Goddard Jr. presidential decree In 1965, she founded the Commission on the Status of Women, stating that “women’s fundamental rights are seldom realized because of prejudice and outdated customs.” The Commission focused on employment practices, labor law, political, civil and property rights.

Republican Governor Jan Brewer issued more than 60 executive orders, including: used her authority It argued that the federal deferred action program for childhood arrivals did not entitle those given employment authorization documents to any benefits through state governments, including driver’s licenses.

In eight years, Republican Gov. Doug Ducey has issued more than 120 executive orders, many during the public health crisis, granting emergency powers to help businesses, schools and governments deal with the COVID-19 pandemic. claimed.

Hobbes has issued 12 executive orders so far in his first six months as governor, but his most recent two have received the most criticism and backlash. Hobbes’ June 22 order directed county prosecutors to stay the prosecution of abortion providers before Attorney General Chris Mays. order for tuesday Prohibited the use of state funds for conversion therapy and allowed transgender state employees to receive gender-positive care through state insurance.

Republican Maricopa County Attorney Rachel Mitchell, who declined to be interviewed by The Mirror, said: said at a press conference on Wednesday He said Hobbes’ abortion order was “reckless and dangerous” and stripped county attorneys of their powers.

“This act was not a routine act of government,” Mitchell said. “This was a procedural manipulation aimed at a very emotional topic and was done to get a political point. At best, the executive order was the solution to the problem, but It was really an unnecessary power grab and a dangerous precedent.”

Mitchell declined to comment on the legality of the order, saying she and other Arizona County attorneys are considering how to respond to the order, adding the possibility of litigation.

He added that the order sets a dangerous precedent as future governors may order prosecutors not to enforce other laws based on their personal feelings about the law. Mitchell said decisions about the future of abortion regulation in Arizona should go through the same process as any other decision: approved by a vote of voters or through joint efforts of the legislature and the governor. I believe.

But Scharf says Mitchell and other critics seem to use opposition to Hobbes’ policy choices to argue that she goes far beyond legal authority, which is not necessarily the case. said not.

“The power of the Governor to consider, frankly, how to use the state’s resources to further the policy priorities he has articulated to the voters, even if I disagree with the Governor’s policy positions.” It’s not that she doesn’t have it,” Schaaf said. .

He added that anyone challenging the governor’s executive order should be able to point to the specific statutes that make it illegal.

Hobbes said he believed his administrative sanctions were entirely lawful and was prepared to defend himself in court if necessary.

“We are very confident in the legal basis of this order and we have mechanisms in place to correct it if anyone feels uncomfortable,” the governor said at a press conference last week.

Pursuant to the executive order, if a county attorney files a lawsuit against an abortion provider, the AG will take over prosecuting the lawsuit on behalf of the state, Hobbs spokesman Christian Slater told the Mirror in an email. told to

Hoffmann told KJZZ In an interview last week, he said most of Hobbes’ executive orders to date have shown “a blatant disregard for the law, her blatant disregard for the constitutional separation of powers.”

He said the moratorium on board nominations was an effort by Mr. Hobbes to ensure compliance with state law rather than pandering to his base by imposing a political agenda.