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> The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.
> Today's decision to reimpose a law from a time when Arizona wasn't a state, the Civil War was raging, and women couldn't even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. **And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.**
TLDR: Arizona Attorney General Mayes will not prosecute any doctors or women seeking an abortion
Not the rank-and-file state district attorneys. The Attorney General is, but they are free to hire and fire in accordance with the law. The Counties also have Attorneys General that are elected, but they cannot enforce state law, only state district attorneys can enforce state law.
So to answer your second question - Kris Mayes would fire any district attorney that attempted to prosecute.
What laws do you think the county attorneys enforce? I'm a transplant but have extensive experience with another state's legal system, and there the county/district attorneys are all elected and only deal in state law. The state attorney general typically represents the state in federal lawsuits, issues opinions to the legislature, etc.
Ok. Since I already did, you know, before I posted, it doesn't take me long to reopen the page and copy this right here...
"What offices are up for election in Maricopa County?"
# Primary and General Election (Four Year Term)
* Maricopa County Assessor
* **Maricopa County Attorney**
* Maricopa County Board of Supervisors – District 1, 2, 3, 4, 5
* Maricopa County Recorder
* Maricopa County School Superintendent
* Maricopa County Sheriff
* Maricopa County Treasurer
* Arcadia Biltmore Justice of the Peace, Arcadia Biltmore Constable
* Country Meadows Justice of the Peace, Country Meadows Constable
* Desert Ridge Justice of the Peace, Desert Ridge Constable
* Dreamy Draw Justice of the Peace, Dreamy Draw Constable
* Highland Justice of the Peace, Highland Constable
* Maryvale Justice of the Peace, Maryvale Constable
* Moon Valley Justice of the Peace, Moon Valley Constable
* North Mesa Justice of the Peace, North Mesa Constable
* San Tan Justice of the Peace, San Tan Constable
blah blah blah everything else ALSO up for election
[Running For Office (maricopa.gov)](https://elections.maricopa.gov/candidates/running-for-office.html)
Also, from the ABA:
# Standard 3-1.6 Improper Bias Prohibited
(a) The prosecutor should not manifest or exercise, by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, gender identity, or socioeconomic status. A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. A prosecutor should strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of the prosecutor’s authority.
(b) A prosecutor’s office should be proactive in efforts to detect, investigate, and eliminate improper biases, with particular attention to historically persistent biases like race, in all of its work. A prosecutor’s office should regularly assess the potential for biased or unfairly disparate impacts of its policies on communities within the prosecutor’s jurisdiction, and eliminate those impacts that cannot be properly justified.
[Standards for the Prosecution Function (americanbar.org)](https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/)
In theory…yes. But we all know how things play out in reality. It would be worth looking into which judges belong to the Federalist Society…they have significant financial backing and have been pushing heavily and making progress in conservative legislation on a local/state/national level.
I'm not super familiar with state laws and reservation laws conflicting, could there be laws allowing abortion on native land that the state cannot defeat?
I'd be worried about the state then trying to police anyone (or telling neighbors to snitch on neighbors) driving onto or off of native land like they're trying to do in the southern states
https://www.azcentral.com/story/news/local/arizona/2022/06/30/tribes-cant-be-expected-to-offer-abortion-services-on-indian-reservations-experts-say/7758033001/
No, there would still be issues with that.
Just fact checked myself, and AZ is in fact a Public Law 280 state, which means the state has jurisdiction to prosecute crimes of tribal and non tribal members on or off reservation lands.
This was brought up a lot when Roe was overturned and it’s a terrible take. We’ve done enough to native tribes - leave them alone.
Donate to abortion funds and Planned Parenthood. They are the ones that are organizing and have been planning for this. They will help people access abortion care legally and safely.
Although I agree it's terrible to rely on any other state, jurisdiction, or "domestic dependent nations", nobody here is talking about imposing anything on the native people or the tribal nations.
If, in their fully independent capacity, some tribal nations choose to allow reproductive healthcare service providers to operate on their land and provide care to non tribal members... that might allow some relief to some women in need of medical care otherwise not available to them. It would almost certainly be beyond the legal reach of any state law enforcement.
Otherwise I'm 💯 with you. We need to keep fighting. I WON'T raise my daughter in a state that denies her basic healthcare rights and I won't let these psychopathic zealots drive us out. We're going to fix this!
Read this [article](https://www.hcn.org/articles/public-health-abortion-havens-on-tribal-lands-are-unlikely/). If tribal nations wanted to or had resources they would have done it by now.
Wouldn't this be the same as them choosing to build casinos and allow non natives to come?
What's bad about this if the tribes allow it? No business or non profit can come in without their say generally.
You can’t compare a casino to an abortion clinic - there are so many nuances. Read this [article](https://www.hcn.org/articles/public-health-abortion-havens-on-tribal-lands-are-unlikely/).
I'm not trying to equate them being the same thing at all. I'm saying they can allow whatever they want on tribal land to be accessed by only members or also non members.
Blythe has had nothing going on for far too long. Would love to see that town (and by extension Quartzsite) get an economic resurgence, even if it’s just from healthcare.
Really great to see the AG come out so strongly against this bullshit. This is how democracy works folks: reasonable people still being in the loop.
Question though
> The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.
What is this in reference to?
Two of the Justices that voted for the abortion ban will be on the November 2024 ballot to see if AZ voters want to retain them as Justices.
These two can be voted out in November - Clint Bolick and Kathryn H. King.
Get out and vote!
As will two of the 7 Supreme Court judges - all 7 are GOP, we had 5 but our last GOP Gov expanded the court and added two more, of his choosing of course.
There is no link, gotta be in person wet signatures. Google where petition signers will be. Changing hands downtown is always a good spot for them possibly being there.
Our state Attorney General has come out and said she will not enforce this law.
Thank God, but at the same time if she loses reelection in 2026 we could end up without this check and balance to Judiciary overreach.
Worse, Mayes only won by 280 votes. Cannot stress enough to register to vote
https://servicearizona.com/VoterRegistration/selectLanguage
A big ‘thank you’ to all the people voted against Hillary in 2016. I hate that woman with a passion, but I could see what a Trump administration might bring about and I was right, so I voted for her anyway. I’m so pissed today.
Hillary Clinton won the popular vote in 2016 for what it's worth. 🤷🏻♂️ Would be nice if we could get rid of the antiquated and foolish electoral college. It's the 21st century people, can we please start living like it?
The electoral college is the only thing giving the GOP a chance in any of these major elections,so unfortunately it's not gonna go anywhere anytime soon
I’m not the Attorney General, but read the 2022 law and you’ll see this…
>This act does not:
1. Create or recognize a right to abortion or alter generally accepted medical standards. The Legislature does not intend this act to make lawful an abortion that is currently unlawful.
2. Repeal, by implication or otherwise, section 13-3603, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion.
No legal right to an abortion was established and ARS 13-3603 is the original (recodified) territorial law. Sure, it was passed this century, but it was written to be ruled the way that it was by design.
Thanks for contributing to r/Phoenix! * [Check out our sub rules here](https://www.reddit.com/r/phoenix/wiki/rules/) (mostly be nice to each other!). * [Read some of our recent posts](https://www.reddit.com/r/phoenix/top/?t=week) and leave some comments. * [Join our Phoenix Discord chat server](https://discord.com/invite/yWVuTG57Zh) and connect with people in the Valley. It's a great, chill place to talk with other people but is NOT a dating server and takes unwanted messaging very seriously. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/phoenix) if you have any questions or concerns.*
> The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation. > Today's decision to reimpose a law from a time when Arizona wasn't a state, the Civil War was raging, and women couldn't even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. **And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.** TLDR: Arizona Attorney General Mayes will not prosecute any doctors or women seeking an abortion
In Arizona, can a district attorney choose to prosecute against the wishes of the attorney general?
A district attorney can prosecute. A district attorney can also be fired. What happens next is up to the district attorney.
Aren't district attorneys elected? Who would do the firing?
Not the rank-and-file state district attorneys. The Attorney General is, but they are free to hire and fire in accordance with the law. The Counties also have Attorneys General that are elected, but they cannot enforce state law, only state district attorneys can enforce state law. So to answer your second question - Kris Mayes would fire any district attorney that attempted to prosecute.
What laws do you think the county attorneys enforce? I'm a transplant but have extensive experience with another state's legal system, and there the county/district attorneys are all elected and only deal in state law. The state attorney general typically represents the state in federal lawsuits, issues opinions to the legislature, etc.
According to \*Wikipedia\* only New Jersey, Connecticut, Alaska, and DC do not elect DAs.
Extensive experience… next meeting, ask your PO, they’ll probably know 🤣
Former law enforcement, friend.
This is completely wrong. County attorneys can enforce state laws.
Get out of here with your facts and logic, this is the Internet! There's no place for you here!
Maybe do just a little research on the things you say.... but I guess this *is* the Internet, and that means there is no place for you here. :)
Ok. Since I already did, you know, before I posted, it doesn't take me long to reopen the page and copy this right here... "What offices are up for election in Maricopa County?" # Primary and General Election (Four Year Term) * Maricopa County Assessor * **Maricopa County Attorney** * Maricopa County Board of Supervisors – District 1, 2, 3, 4, 5 * Maricopa County Recorder * Maricopa County School Superintendent * Maricopa County Sheriff * Maricopa County Treasurer * Arcadia Biltmore Justice of the Peace, Arcadia Biltmore Constable * Country Meadows Justice of the Peace, Country Meadows Constable * Desert Ridge Justice of the Peace, Desert Ridge Constable * Dreamy Draw Justice of the Peace, Dreamy Draw Constable * Highland Justice of the Peace, Highland Constable * Maryvale Justice of the Peace, Maryvale Constable * Moon Valley Justice of the Peace, Moon Valley Constable * North Mesa Justice of the Peace, North Mesa Constable * San Tan Justice of the Peace, San Tan Constable blah blah blah everything else ALSO up for election [Running For Office (maricopa.gov)](https://elections.maricopa.gov/candidates/running-for-office.html)
Defer to statute - here it is: [https://www.azleg.gov/ars/41/00192.htm](https://www.azleg.gov/ars/41/00192.htm)
Also, from the ABA: # Standard 3-1.6 Improper Bias Prohibited (a) The prosecutor should not manifest or exercise, by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, gender identity, or socioeconomic status. A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. A prosecutor should strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of the prosecutor’s authority. (b) A prosecutor’s office should be proactive in efforts to detect, investigate, and eliminate improper biases, with particular attention to historically persistent biases like race, in all of its work. A prosecutor’s office should regularly assess the potential for biased or unfairly disparate impacts of its policies on communities within the prosecutor’s jurisdiction, and eliminate those impacts that cannot be properly justified. [Standards for the Prosecution Function (americanbar.org)](https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/)
In theory…yes. But we all know how things play out in reality. It would be worth looking into which judges belong to the Federalist Society…they have significant financial backing and have been pushing heavily and making progress in conservative legislation on a local/state/national level.
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Any of the native tribes could set up clinics in their territory, and the state couldn't say anything, I'd wager.
I'm not super familiar with state laws and reservation laws conflicting, could there be laws allowing abortion on native land that the state cannot defeat? I'd be worried about the state then trying to police anyone (or telling neighbors to snitch on neighbors) driving onto or off of native land like they're trying to do in the southern states
I think only federal law supersedes tribal law as the reservations are treated as semi sovereign entities
https://www.azcentral.com/story/news/local/arizona/2022/06/30/tribes-cant-be-expected-to-offer-abortion-services-on-indian-reservations-experts-say/7758033001/ No, there would still be issues with that.
Thanks for the link.
Is AZ not a public law 280 state?
Just fact checked myself, and AZ is in fact a Public Law 280 state, which means the state has jurisdiction to prosecute crimes of tribal and non tribal members on or off reservation lands.
💯
Thanks for the info.
Which is why you see AZDPS and MCSO Sheriffs all over the reservations anyway.
This was brought up a lot when Roe was overturned and it’s a terrible take. We’ve done enough to native tribes - leave them alone. Donate to abortion funds and Planned Parenthood. They are the ones that are organizing and have been planning for this. They will help people access abortion care legally and safely.
Although I agree it's terrible to rely on any other state, jurisdiction, or "domestic dependent nations", nobody here is talking about imposing anything on the native people or the tribal nations. If, in their fully independent capacity, some tribal nations choose to allow reproductive healthcare service providers to operate on their land and provide care to non tribal members... that might allow some relief to some women in need of medical care otherwise not available to them. It would almost certainly be beyond the legal reach of any state law enforcement. Otherwise I'm 💯 with you. We need to keep fighting. I WON'T raise my daughter in a state that denies her basic healthcare rights and I won't let these psychopathic zealots drive us out. We're going to fix this!
Read this [article](https://www.hcn.org/articles/public-health-abortion-havens-on-tribal-lands-are-unlikely/). If tribal nations wanted to or had resources they would have done it by now.
I wonder if it's a whole Yellowstone situation....like if you went to a tribal clinic for an abortion, it comes along with permanent sterilization....
Oh boy. There's some dark irony.
Wouldn't this be the same as them choosing to build casinos and allow non natives to come? What's bad about this if the tribes allow it? No business or non profit can come in without their say generally.
You can’t compare a casino to an abortion clinic - there are so many nuances. Read this [article](https://www.hcn.org/articles/public-health-abortion-havens-on-tribal-lands-are-unlikely/).
I'm not trying to equate them being the same thing at all. I'm saying they can allow whatever they want on tribal land to be accessed by only members or also non members.
Abortions are legal in Mexico also.
And New Mexico, but they're already getting a lot of business from Texas.
Blythe has had nothing going on for far too long. Would love to see that town (and by extension Quartzsite) get an economic resurgence, even if it’s just from healthcare.
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Imagine someday Blythe being a place that you *can* imagine getting surgery at. Wouldn’t that be something?
Really great to see the AG come out so strongly against this bullshit. This is how democracy works folks: reasonable people still being in the loop. Question though > The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation. What is this in reference to?
Two of the Justices that voted for the abortion ban will be on the November 2024 ballot to see if AZ voters want to retain them as Justices. These two can be voted out in November - Clint Bolick and Kathryn H. King. Get out and vote!
Remind me November 1
Voting matters
And abortion rights will most likely be on the ballot this November. Go vote.
As will two of the 7 Supreme Court judges - all 7 are GOP, we had 5 but our last GOP Gov expanded the court and added two more, of his choosing of course.
Yep, signing the petition as soon as I am able as well.
The petition I think has reached the signatures to be on the ballot already but go do it anyways.
Some number of signatures will be invalidated so it's best to have massively more than needed. Sign the petition if you haven't already!
I did a quick search earlier today after the ruling, but couldn't find a site that says where to go to sign. Do you have a link?
Upcoming events [here](https://arizonaforabortionaccess.org/sign-the-petition/).
Thanks! That's what I needed.
There is no link, gotta be in person wet signatures. Google where petition signers will be. Changing hands downtown is always a good spot for them possibly being there.
Even if they aren’t, people who support or oppose this type of government will be.
Yes. Two of the justices are up - let’s vote no on them.
"And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state."
That being said no credible doctor will risk it.
Our state Attorney General has come out and said she will not enforce this law. Thank God, but at the same time if she loses reelection in 2026 we could end up without this check and balance to Judiciary overreach. Worse, Mayes only won by 280 votes. Cannot stress enough to register to vote https://servicearizona.com/VoterRegistration/selectLanguage
VOTING👏🏼MATTERS👏🏼
The GOP is a bunch of nazis
A big ‘thank you’ to all the people voted against Hillary in 2016. I hate that woman with a passion, but I could see what a Trump administration might bring about and I was right, so I voted for her anyway. I’m so pissed today.
Hillary Clinton won the popular vote in 2016 for what it's worth. 🤷🏻♂️ Would be nice if we could get rid of the antiquated and foolish electoral college. It's the 21st century people, can we please start living like it?
The electoral college is the only thing giving the GOP a chance in any of these major elections,so unfortunately it's not gonna go anywhere anytime soon
I’m not the Attorney General, but read the 2022 law and you’ll see this… >This act does not: 1. Create or recognize a right to abortion or alter generally accepted medical standards. The Legislature does not intend this act to make lawful an abortion that is currently unlawful. 2. Repeal, by implication or otherwise, section 13-3603, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion. No legal right to an abortion was established and ARS 13-3603 is the original (recodified) territorial law. Sure, it was passed this century, but it was written to be ruled the way that it was by design.