The Round Up: The Court of Public Opinion
Governance through initiatives and legislative referrals.
In this round up: This past week saw a great deal of action with regard to immigration policy, as Senate Republicans announced plans to revive legislation previously vetoed by Governor Katie Hobbs. If passed, the bill – which establishes “border-related crimes with subsequent punishments” in Arizona law – would lead to a potential November ballot initiative determined by voters. Also last week, the Biden Administration announced that DACA recipients will be eligible for health-care coverage under the Affordable Care Act.
Abortion has remained a priority for state leaders since the Supreme Court’s decision last month to allow an 1864 near-total ban to take effect, and last week was no different. In fact, a two-day stretch during the first week of May saw the Senate passage and the Governor’s prompt signing of legislation that would repeal the abortion ban. Until the recently-passed law takes effect, Attorney General Kris Mayes is likely to continue pursuing certain pathways in court, including requesting stay.
Abortion Remains Top Priority
Following House passage of HB 2677 on April 24th, the state Senate a week later voted to send the legislation repealing the 1864 abortion ban to the Governor’s desk. The bipartisan 16-14 vote included the support of Republican Senators T.J. Shope and Shawnna Bolick, both of whom had previously supported a measure providing for the introduction of the repeal bill earlier in April. Just as in the House, Senate Democrats unanimously supported the legislation.
The next day, Governor Katie Hobbs held a press conference to sign HB 2677 alongside several members of the Democratic Caucus. Joined by bill sponsor Representative Stahl Hamilton among others, Hobbs announced that she was “officially repealing the state’s 1864 abortion ban.” Hobbs first called for the law’s repeal after the Supreme Court’s June 2022 decision in Dobbs v. Jackson Women's Health Organization (JWHO), and subsequently reiterated calls in her “State of the State” address at the beginning of this year.
Because the new law will not take effect until 90 days after the state legislature’s adjournment, Attorney General Kris Mayes recently explained that the 1864 near-total abortion ban may temporarily become law beginning June 27. In an “Arizona Abortion Laws” summary released shortly after Governor Hobbs’ signing of HB 2677, Mayes noted that her office is “evaluating all legal options” to prevent the 1864 ban from going into effect. In an interview, Attorney General Kris Mayes echoed calls for the Arizona Supreme Court to “put a stay on” the 1864 law until a repeal “can go into place.”
In response to these steps taken by the state government regarding abortion, Republican Senate hopeful Kari Lake “officially challeng[ed]” her Democrat opponent U.S. Representative Ruben Gallego to a debate. At a recent campaign event, Lake emphasized that she “want[s] to save as many babies as possible,” before asserting that she will be “the most pro-family U.S. senator in the country.” Lake went on to argue that Gallego has “the most extreme abortion stance of any politician” running for office in the United States. Just hours after Lake’s remarks, a spokesperson for Gallego’s campaign was quoted as saying,“[t]here’s nothing to debate. Kari Lake’s record is clear: she supports the 1864 abortion ban with no exceptions for rape or incest and called on sheriffs to enforce it.”
What Arizona leaders are saying:
Governor Katie Hobbs: “This total abortion ban would have jailed doctors, threatened the lives of women across our state and stripped millions of Arizonans of their bodily autonomy. The devastating consequences of this archaic ban are why I’ve called for it to be repealed since day one of my administration. Thank you to Democratic members of the House and Senate for working tirelessly with me to repeal this draconian law…While this repeal is essential for protecting women’s lives, it is just the beginning of our fight to protect reproductive healthcare in Arizona. I will continue to call on the legislature to pass the Arizona Right to Contraception Act and protect IVF from ongoing attacks. And I encourage every Arizonan to make their voices heard this November when abortion rights will be on the ballot.”
Attorney General Kris Mayes: “Today’s vote by the Arizona Senate to repeal the draconian 1864 abortion ban is a win for freedom in our state. I look forward to Governor Hobbs signing the repeal into law as soon as possible. However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year. Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect.”
Representative Stephanie Stahl Hamilton: “I’m grateful to sponsor the bill and proud to stand with my Democratic colleagues to repeal the 1864 total abortion ban because it means the people of Arizona will not have their lives and private medical decisions subjected to this brutal and archaic law. The 15-week ban that remains is still a ban, and we have important work ahead to fully restore reproductive freedom in Arizona, but this repeal was the right thing to do and it will save lives.”
House Democratic Leader Lupe Contreras: “The job’s been done, and it's a proud day for our state and our Democratic team. This repeal is what the people want. The vast majority of Arizonans and the majority of Americans have asked for this. We know this is not the finish line, but this is a step in the right direction, and a step that will save lives.”
Senate Democratic Caucus Chair Lela Alston: “The 1864 language criminalizing abortion is the language that was reinstated by the Court, and it is the language we repealed today – language written at a time when women could not vote, own property in their own name, hold elected office, enter into a contract and were not welcomed into professional occupations. Republicans are peddling a false narrative that the law passed in 1977 was some sort of a milestone in Arizona history. The milestone in Arizona history was enacted in 1864 and the false narrative being pushed today is because they are aware that their stance on abortion is not supported by voters and more importantly, that subjecting women and doctors to 1864 standards is indefensible.”
Senator Anna Hernandez: “While I celebrate the community’s work to achieve this repeal and my Democratic colleagues for their continued unity and commitment to responsible leadership in Arizona, our fight for a better collective future is just beginning. The Republican leadership in Arizona has shown that they are unwavering in their desire to strip us of our rights, our voices, and our vote. Our state has lived under their consistent lack of accountability and transparency for too long—the fight for abortion rights has simply shown a bright light on how corrupt they have truly become. Democrats are committed to protecting every Arizonans’ right to decide what their future looks like.”
Senator Eve Burch: “This is one step toward protecting pregnant patients in Arizona and ensuring that the will of the people is the most important driving force in our proceedings. We are facing a new challenge now. Republican leaders have already begun to spread disinformation about the efforts being made to protect abortion rights in Arizona. Voters will make their own decision, and they deserve to have a clear and honest understanding of their options once this total ban is repealed. We must remember that when laws are put in place to protect abortion access in Arizona, they will be challenged. Those challenges will go right back to the same Arizona Supreme Court that upheld this dangerous Civil War era ban.”
AZ Republicans Announce Border Ballot Initiative
Last week, Republican Senate President Warren Petersen revealed his intention to put forward a ballot initiative that would give voters increased say over the state’s border policy. In response to Governor Hobbs’ veto of the Arizona Border Invasion Act last month, Petersen is seeking to bypass the need for executive approval with an amended version of HCR 2060. According to the Senate GOP’s release, passage of HCR 2060 would give voters the chance to consider legislation similar to the bill previously vetoed by Hobbs. Now called the Secure the Border Act, the measure would “establishin Arizona law several border-related crimes with punishments, empowering local law enforcement to protect [the state’s] citizens.”
Based on Texas’ SB 4, the Secure the Border Act would grant local, county, and state law enforcement officers the authority to “arrest any non-US citizen who illegally enter[s] Arizona outside of a port of entry,” in addition to “those who have previously been ordered to leave but are refusing to comply.” While the Texas law is currently being litigated in federal court, Arizona Republicans are seeking to advance nearly identical provisions. HCR 2060 was read for the first time in the Senate last week, and is now being followed with a joint Senate Committee on Military Affairs, Public Safety and Border Security, and House Judiciary Committee hearing today.
What Arizona leaders are saying:
Senate President Warren Petersen: “Arizona Democrats in power have shown us time after time, with every 'no' vote and veto of our border security legislation, that they are not concerned for the safety and well-being of our citizens, nor have any care for the wasted taxpayer dollars being used to mitigate the fallout from Biden's border invasion. Their priorities are tone deaf to the realities Arizonans are facing, and this will be confirmed when voters have the chance to take matters into their own hands this November. Republicans are committed to securing the border and returning sanity to our state after the chaos Democrats have willfully perpetuated with our current Governor leading the charge.”
Governor Katie Hobbs: “I think this is [Republicans] not being focused on the issues that matter or real solutions to the issues that we're facing. Certainly the border is a critical issue, which is why I've been working from day one to work with communities on the border about what we can do to help solve the issues they're facing because of the federal government's failure on this issue. I understand the frustration that leads to legislation like this, but this is the same bill that they sent to me and I vetoed, and it's not going to solve the problem. In fact, many of the law enforcement in those communities were not supportive of this legislation.”
Other Relevant Headlines
Arizona State University won’t tolerate disruptions at graduation ceremonies (May 3, 2024) - “Disruptions won’t be tolerated at Arizona State University’s spring 2024 graduation ceremonies, the school said. ‘Individuals who engage in inappropriate or disruptive behavior will be removed from events and venues. This has been the message for decades of graduations at ASU,’ Veronica Sanchez, the school’s director of media relations, said in a video distributed to local media outlets…While there have been concerns about pro-Palestine campus protests across the nation potentially disrupting graduation events, ASU said its usual security policies will be enforced.”
DACA recipients in Arizona will be eligible for ACA coverage starting in November (May 3, 2024) - “On Friday morning, the Biden administration announced DACA recipients will be eligible for health-care coverage under the Affordable Care Act. A press release from the White House estimates that 100,000 people stand to benefit. The latest estimates, from last year, showed there were nearly 580,000 people with DACA status in the United States. About 22,000 were in Arizona.”
Treasury Secretary Janet Yellen defends 'Bidenomics' during Mesa visit (May 4, 2024) - “Janet Yellen, President Joe Biden’s Treasury secretary, made the case for her boss’s economic agenda, dubbed ‘Bidenomics,’ and responded to criticism of the policy program as its key projects start to take shape on the ground in Arizona. The Grand Canyon State is ground zero for some of the president's big economic priorities. Accelerated by Biden-signed laws, the state is on track to become a hub for semiconductor or ‘chips’ manufacturing and has seen widespread investment in green technologies.”
Maricopa County Attorney emphasizes that the fentanyl crisis in Arizona remains prevalent (May 7, 2024) - “Despite advancements in fentanyl education, Arizona still grapples with a significant issue, as noted by Maricopa County Attorney Rachel Mitchell on Fentanyl Awareness Day…In addition to a surge in the influx of fentanyl entering the state, 2023 saw a record number of prosecutions related to the synthetic opioid with over 7,800 submittals, a nearly 20% increase from the year prior. As of April, over 2,200 fentanyl cases have been filed, prompting the county attorney’s office to anticipate surpassing last year’s figures.”
This round-up was written by Jared (JJ) Cichoke. He currently works as a Policy Analyst after previously holding various roles with Senator Martha McSally (R-AZ) and the Senate Committee on Indian Affairs. A graduate of Vanderbilt University, he recently moved to Arizona after spending nearly his entire life in Portland, Oregon.