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ATTORNEY GENERAL

Peoria lawmaker, Maricopa County Attorney oppose Hobbs' abortion order

Posted 6/26/23

PHOENIX – House Speaker Ben Toma of Peoria rejects Gov. Katie Hobbs’ move to strip the state's 15 elected county attorneys of their ability to prosecute doctors and other medical …

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ATTORNEY GENERAL

Peoria lawmaker, Maricopa County Attorney oppose Hobbs' abortion order

Posted

PHOENIX – House Speaker Ben Toma of Peoria rejects Gov. Katie Hobbs’ move to strip the state's 15 elected county attorneys of their ability to prosecute doctors and other medical professionals who perform abortions.

Toma, who has voted for abortion restrictions, said Hobbs can't legally do what she did.

"The governor cannot unilaterally divert statutory authority to prosecute criminal cases from Arizona's 15 counties to the attorney general,'' he said in a statement.

The governor’s executive order Friday noted that the U.S. Supreme Court, in a case called Dobbs, last year overturned Roe v. Wade and its constitutional right of a woman to terminate a pregnancy.

That led to legal questions - still playing out before the Arizona Supreme Court - about what state laws can now be applied and enforced.

All that, Hobbs said "could lead to county attorneys across the state to make disparate decisions on whether and how to criminally prosecute the same, or similar, conduct relating to abortion care.''

"The state has an interest in ensuring that abortions laws are applied equally, consistently, and predictably to all people and in all counties in Arizona,'' the governor said in her order.

So she is directing Attorney General Kris Mayes, who also is a Democrat, to "assume all duties with regard to any criminal prosecution of a medical provider or other entity or individual that is pending or brought in the future by the county attorney of any county in the state for violation of any state law restricting or prohibiting abortion care.''

Toma said the governor is out of bounds with her order, and he said the issue isn't just gubernatorial power.

"At a minimum, this order shows disrespect and contempt for the judiciary,'' Toma said, noting that the state Supreme Court is still deciding what laws are in effect in Arizona.

Maricopa County Attorney Rachel Mitchell agreed.

"The governor's attempt to undermine the 15 elected county attorneys' authority is outrageous,'' she said.

And Mitchell, who is a Republican, said her attorneys are reviewing the order "and will take the appropriate next steps.''