Attorney General Kris Mayes reaffirmed her pledge to never prosecute abortionists, regardless of state law.
Mayes made the remarks during a press conference following the Arizona Supreme Court oral arguments in Planned Parenthood v. Mayes on Tuesday. The attorney general said that other issues were more important to her, like prosecuting drug dealers giving fentanyl to minors.
“No, we will not be doing abortion prosecutions in Arizona while I’m attorney general, ever,” said Mayes. “We have much more important issues to decide and work on in this state.”
Earlier this summer, Gov. Katie Hobbs issued an executive order that took away all prosecutorial power from the 15 county attorneys concerning abortion law, and gave it to Mayes. That move effectively nullified the possibility for prosecutions of abortionists.
Mayes opted to not dispute the court of appeals ruling in Planned Parenthood v. Mayes from last year, which determined that the 2022 law restricting abortions to 15 weeks’ gestation was to be implemented, and not the near-total abortion ban dating back to Arizona’s territorial days.
Instead, Mayes has backed efforts to expand abortion access in Arizona and other states.
On Wednesday, Mayes joined 10 other attorneys general to issue a statement of condemnation to the Texas Supreme Court. That court overturned an injunction on the state’s abortion ban awarded to a Texas woman seeking to abort her daughter.
Mayes claimed that the health and life of the Texas woman, Kate Cox, were at risk due to the Trisomy 18 diagnosis of her unborn child. Texas abortion law enables abortions in pregnancies that are considered life-threatening or presenting a risk of substantial impairment of a major bodily function. Per Texas law, medical professionals determine which pregnancies qualify for that exception.
“No one should be forced to fight in court and leave their home state just to receive the health care they need,” read the statement. “As this case shows, abortion bans pose dangerous health and safety threats wherever they are enacted. Decisions about abortion care should be made between patients and their doctors, not politicians.”
The Texas Supreme Court overturned the injunction because Cox’s doctor couldn’t declare that her pregnancy threatened Cox’s life or major bodily functions.
“A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion. Under the law, it is a doctor who must decide that a woman is suffering from a life-threatening condition during a pregnancy, raising the necessity for an abortion to save her life or to prevent impairment of a major bodily function. The law leaves to physicians — not judges — both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient,” stated the court. “[Cox’s doctor] asked a court to pre-authorize the abortion yet she could not, or at least did not, attest to the court that Ms. Cox’s condition poses the risk the exception requires.”
In August, Mayes joined a coalition of 20 attorneys general to challenge Idaho’s ban on minors traveling to other states to obtain an abortion. In May, Mayes joined an amicus brief challenging a Texas ruling blocking federal approval of the controversial abortion drug mifepristone.
Since taking office, Mayes has encouraged major pharmacy chains to continue to offer mifepristone regardless of legal challenges.
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