The Democratic attorney general of Arizona says she will refuse to enforce the state’s abortion laws because she doesn’t agree with them.
During a recent interview with Capitol Media Services, the Democrat stated she wouldn’t prosecute doctors who might violate any of the state’s abortion laws, including the 15-week abortion ban.
“I have been clear that we are not going to prosecute doctors and women in the state of Arizona for abortion, period,” Mayes said. “[Abortion] is not a place for government intervention … prosecutorial resources should not be spent on trying to put doctors in jail.’’
Mayes’ announcement follows an executive order issued by Democratic Governor Katie Hobbs on June 23, which goes around the duly elected state legislature and centralizes the authority to enforce abortion laws with Mayes, thereby sidelining this power from county prosecutors as well.
“The Attorney General shall assume all duties with regard to any criminal prosecution of a medical provider … for violation of any State law restricting or prohibiting abortion care … without limitation,” Hobbs’ executive order says.
Mayes, who took office alongside Hobbs in January, supported the move. She told The Daily Beast, “This is an extraordinary situation. The U.S. Supreme Court overturned a right we had for 50 years. Arizonans elected a Democratic governor and AG who are pro-choice, and elections have consequences. Some Republicans are unhappy about it, but this is a consequence of Dobbs.”
Rachel Mitchell, the lead prosecutor for Maricopa County, has stated that she and other county attorneys are considering potential legal action over Hobbs’ order.
“Our current governor took an entire category of potential offenses and is attempting to prevent locally elected county attorneys from reviewing and making charging decisions in those matters,” Mitchell said.
The Phoenix-area Republican official went on to warn of a bad precedent Mayes was setting.
“What happens when another person occupies the governor’s seat and attempts this kind of power grab?” she asked. “What other set of offenses might a governor in the future not like and remove from local prosecutors?”
The Republican majority in the state legislature expressed strong condemnation of Hobbs and Mayes’ actions and subsequently canceled all pending deliberations concerning Hobbs’ nominees.
“You hold the office of Governor in Arizona, not of monarch,” GOP state senators wrote in a letter to Hobbs, calling the executive order a “blatant disregard for separation of powers.”
