Arizona Democrat Gov. Katie Hobbs on Friday signed a sweeping executive order that limits abortion-related prosecutions, bans state agencies from assisting investigations for alleged violations in other states and bans extradition of people accused of violating other states' abortion laws.
The order gives Democrat state Attorney General Kris Mayes the sole power to handle any attempted county prosecutions under state abortion laws. The executive order comes a day before the one-year anniversary of the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, which ended the federal right to an abortion.
"I will not allow extreme and out of touch politicians to get in the way of the fundamental rights of Arizonans," Hobbs tweeted.
Hobbs said her order also creates The Governor's Advisory Council on Protecting Reproductive Freedom "to make recommendations that expand access to reproductive health care in Arizona."
Abortions are allowed in Arizona in the first 15 weeks of pregnancy under a 2022 law. In December, the state appeals court upheld the law over a near-total ban from 1864, before Arizona achieved statehood. In March, the Alliance Defending Freedom asked the Arizona Supreme Court to overturn the appellate court's ruling and outlaw all abortions except in life-saving emergencies.
"The governor's attempt to undermine county attorney's legal responsibility to prosecute crimes makes clear that she will do everything in her power to protect abortion businesses," said Kevin Theriot, senior counsel for Alliance Defending Freedom, in an email to Newsmax.
"But women deserve real health care and support when facing an unplanned pregnancy, and unborn children deserve a chance at life.
"The abortion industry's profit-driven, coercive practice of attempting to convince women that they need abortion signals our need to keep a closer eye on abortion businesses, not provide a blanket statement protecting them across the state of Arizona."
The Center for Arizona Policy, a conservative nonprofit, said Hobbs has "exceeded her authority."
"Arizona law, A.R.S. 41-101, Section 8 states that the governor 'may require the attorney general to aid a county attorney in the discharge of his duties,'" Cathi Herrod, the group's president, said in an email to Newsmax. "Aid does not mean supplant or replace.
"In her zeal for abortion, Gov. Hobbs has exceeded her authority as governor. The law does not allow her to strip county attorneys of their clear enforcement authority as granted in various Arizona laws. On the anniversary of Dobbs, the better approach would be for Gov. Hobbs to fulfill her pledge to serve all Arizonans, starting with coming together to find ways to serve the needs of pregnant women."
When Mayes campaigned last year, she said that she would refuse to prosecute anyone for having or providing an abortion.
"We have seen that anti-abortion extremists will stop at nothing in their attempts to impose their radical beliefs on the rest of the country," Mayes said Friday in a news release. "I don't accept that. We are on offense, and we will not let up.
"Governor Hobbs centralized authority over abortion-related prosecutions in Arizona courts in the Attorney General's office. That means Arizonans can seek abortions and access reproductive health care — without interference or fear of criminal prosecution."
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