¶ Reproductive Rights
¶ Post-Roe Leak
¶ Brnovich Repeatedly Called For Roe V. Wade To Be Overturned
Brnovich Tweeted: “It’s Clear Our Nation Is On The Wrong Track When Biden Is More Worried About Protecting Abortion Than Defending Our Borders. Innocent Life Is Being Disregarded To Promote A Radical Agenda To Satisfy The Progressive Wing Of The Democratic Party.” Mark Brnovich tweeted, “It’s clear our nation is on the wrong track when Biden is more worried about protecting abortion than defending our borders. Innocent life is being disregarded to promote a radical agenda to satisfy the progressive wing of the Democratic Party.” [Twitter, @brnoforaz, 5/3/22]
Brnovich Tweeted: “I Trust The Justices To Follow The Constitution & Send Roe V. Wade To The Ash Heap Of History Where It Belongs.” Mark Brnovich tweeted, “Make no mistake, this unprecedented leak of a SCOTUS decision is an intimidation tactic being used to impact the final decision of Dobbs. But these tactics won’t work — I trust the Justices to follow the Constitution & send Roe v. Wade to the ash heap of history where it belongs.” [Twitter, @brnoforaz, 5/3/22]
Brnovich Tweeted: “My Record On Life Is Clear: I’ve Defended Our State From Planned Parenthood, Supported Dozens Of Cases To Protect The Preborn, And I’ve Argued To Overturn #Roevwade And Casey. I’ve Always Been 100% Pro-life And I Will Continue To Be In Washington.” Mark Brnovich tweeted, “My record on life is clear: I’ve defended our state from Planned Parenthood, supported dozens of cases to protect the preborn, and I’ve argued to overturn #RoeVWade and Casey. I’ve always been 100% pro-life and I will continue to be in Washington.” [Twitter, @brnoforaz, 5/3/22]
¶ Brnovich Opposed A Federal Personhood Law But Supported Arizona's Restrictive 15 Week Abortion Ban
[VIDEO] Brnovich Said He Supported Leaving Abortion Laws Up To The States And Would Not Be In Favor Of A Federal Abortion Ban, But Said He Supported And Would Work To Defend The Arizona 15 Week Abortion Ban. “Brnovich was then asked about Roe v Wade and if he supports a nationwide ban on abortion. Brnovich responded, ‘What I have always said is that I'm pro-life and I believe that we need to protect the sanctity of life. I do believe in exceptions for rape, incest, and protecting the mother. I've always said that Roe v Wade is unconstitutional and it was bad case law. Not only me, but everyone from liberal law professors to the late Justice Ginsburg always thought that Roe v Wade is on shaky ground. So, I have always said that this is a decision that should be left up to the states and I think that, I know that Arizona recently passed a law that would prohibit abortions after 15 weeks, and I have said that I have every intention of defending that law in court. I think that law and that statute is consistent with about 90% of the countries in the world that have similar laws… I think that every state needs to work toward protecting life and we should never have any funding of abortions. I think that when there are heinous medical procedures like partial-birth abortions, those are areas where indeed the federal government could, you know, ban it. But when it comes to the overall, like the 15-week ban in Arizona, that is something that should be left to the state.”’ [KTVK: Politics Unplugged, 6/5/22]
¶ Brnovich Cheered The Supreme Court Overturning Roe v. Wade
Brnovich Tweeted: “Roe V. Wade Joins The Ash Heap With Other Unjust, Unconstitutional Decisions In Our Country’s History.” Mark Brnovich tweeted, “Roe v. Wade joins the ash heap with other unjust, unconstitutional decisions in our country's history. I look forward to working with Senator @RandPaul in the US Senate to defend both life and state sovereignty.” [Twitter, @GeneralBrnovich, 6/24/22]
Brnovich Tweeted: “A Nearly Fifty-year-old Wrong Has Been Righted! Now States Become The Front Lines As We Work To Defend The Most Vulnerable. It’s A New Day, And A New Battlefield. #Postroegeneration” Mark Brnovich tweeted, “A nearly fifty-year-old wrong has been righted! Now states become the front lines as we work to defend the most vulnerable. It's a new day, and a new battlefield. #postroegeneration” [Twitter, @GeneralBrnovich, 6/24/22]
Brnovich Issued A Statement Celebrating The Supreme Court Ruling Overturning Roe V. Wade: “I Look Forward To Seeing This Issue Returned To Elected Representatives Where It Belongs.” According to the Arizona Republic, “Statements released by Attorney General Mark Brnovich after the ruling emphasized his anti-abortion sentiment. ‘Attorneys General have a solemn responsibility to defend the most vulnerable among us, and that’s exactly what we did today,’ Brnovich wrote. ‘I look forward to seeing this issue returned to elected representatives where it belongs. As Americans, we believe in the dignity & value of every person.’” [Arizona Republic, 6/24/22]
Brnovich Said The Dobbs Decision Was “Historic.” Mark Brnovich tweeted, “Historic Day. ‘Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.’ #DobbsvJackson” [Twitter, @brnoforaz, 6/24/22]
Brnovich Touted The Supreme Court Ruling In Hobbs And Said “I Look Forward To Seeing This Issue Returned To Elected Representatives Where It Belongs.” Mark Brnovich tweeted, “Attorneys General have a solemn responsibility to defend the most vulnerable among us, and that’s exactly what we did today. I look forward to seeing this issue returned to elected representatives where it belongs. As Americans, we believe in the dignity & value of every person.” [Twitter, @GeneralBrnovich, 6/24/22]
Brnovich Said That Arizona’s New Abortion Law Would Go Into Effect In 90 Days. According to ABC15, “Arizona Attorney General Mark Brnovich says a new Arizona law protecting life will go into effect in about 90 days. ‘Attorneys General have a solemn responsibility to defend the most vulnerable among us, and that’s exactly what we did today,’ said Attorney General Brnovich Friday morning. ‘I look forward to seeing the issue returned to elected representatives where it belongs. As Americans, we believe in the dignity and value of every person.’ The Supreme Court on Friday ruled to overturn Roe v. Wade and the fundamental right to abortion that has been the law for almost 50 years. The court ruled 6-3, in an opinion written by Justice Samuel Alito. The court upheld a Mississippi law that bans all abortion past 15 weeks, with very few medical exceptions. The law passed by the Arizona Legislature is identical to the one upheld in the Supreme Court’s case.” [ABC15, 6/24/22]
¶ Brnovich Fearmongered About Threats To Pro-Life Organizations Following Roe's Overturn
Brnovich Joined A Letter To The Department Of Justice Urging The Attorney General To Investigate Threats Made Against Pro-Life Organizations. According to a press release from Attorney General Paxton, “Attorney General Paxton joined a comment letter led by Ohio, addressed to U.S. Attorney General Merrick Garland, urging him to investigate the barrage of threats and attacks made against pro-life judges and pro-life organizations. In a pointed letter, Texas along with 18 other states, urged Garland to take swift action in response to recent terrorist acts against anti-abortion organizations, calling the lack of action intolerable, politically motivated and in violation of his oath of office. […] Mark Brnovich, Arizona Attorney General” [Attorney General Paxton Press Release, 6/27/22]
¶ Brnovich Touted His Many Lawsuits Against The Federal Government And Planned Parenthood To Limit Or End Abortion Access
Brnovich Posted A Long Twitter Thread Detailing The Various Anti-Abortion Positions His Office Had Taken, Including Defending Arizona’s Law Limiting Abortion Based On Genetic Defects. Mark Brnovich tweeted, “As Arizona’s Attorney General, I’ve had the privilege to fight for life like few have. From Isaacson to Dobbs, here’s what we’ve done to protect America’s most vulnerable. #prolife (1/11) We defended Arizona’s law limiting abortion providers from performing discriminatory abortions based on genetic abnormality in Brnovich v. Isaacson. AZ doesn’t stand for discriminatory or eugenic abortions.” [Twitter, @brnoforaz, 6/27/22]
Brnovich Touted His Office’s Support For Anti-Abortion Bills In Kentucky, Arkansas And Alabama. Mark Brnovich tweeted, “We joined in defense of Arkansas’s law prohibiting live dismemberment abortions that ‘extends a modicum of compassion and respect to unborn children.’ As AZ’s AG, I had the honor to defend life against cruel abortion practices in Alabama’s case, Marshall v. West Alabama Women's Center. All life is worth fighting for. I defended Arkansas’s law in Rutledge v. Little Rock Family Planning which prohibits abortions due to a Down Syndrome diagnosis.” [Twitter, @brnoforaz, 6/27/22]
Brnovich Touted His Office’s Numerous Lawsuits Against Planned Parenthood. Mark Brnovich tweeted, “I successfully defended Arizona’s pro-life laws against a challenge from the Planned Parenthood - a suit the abortion giant ultimately dropped. In Box v. Planned Parenthood, we supported Indiana’s law protecting ‘respectful disposition of the remains of unborn children and prohibit[ed] the discriminatory elimination of classes of human beings based upon race, gender, or disability.’ We fought Planned Parenthood when they sought to overturn South Carolina’s requirement that women be offered an ultrasound, heartbeat test, and assessment viability before receiving an abortion.” [Twitter, @brnoforaz, 6/27/22]
Brnovich Touted His Role In Defending Texas’ Restrictive 6 Week Abortion Ban. Mark Brnovich tweeted, “When the federal government brought a lawsuit against Texas’s law limiting abortion (United States v. Texas), my office joined the defense of life and fought against the @POTUS and his brazen overreach.” [Twitter, @brnoforaz, 6/27/22]
Brnovich Claimed He Contributed To The Case That Overturned Roe, Which He Said “Righted A Moral And Constitutional Wrong.” Mark Brnovich tweeted, “I am proud to say that as Attorney General, my office and I contributed to the case that overturned Roe and returned the right to limit abortions to the States. Dobbs righted a moral and constitutional wrong.” [Twitter, @brnoforaz, 6/27/22]
¶ Brnovich Issued A Formal Legal Opinion That A Centuries Old Abortion Law That Banned All Abortion And Criminalized Providers Of Abortion Was Law Of The Land In Arizona
Arizona Republic: “Brnovich: Territorial-Era Ban On Abortions In Arizona Is The Law Of The Land, Not 15-Week Ban” [Arizona Republic, 6/29/22]
Brnovich Issued An Opinion That Confirmed The Pre-Roe Abortion Ban In Arizona, Which Banned Abortion In All Cases Except When It Would Save The Mother’s Life, Was The Law Of The Land Following Roe’s Overturn. According to KTAR, “Attorney General Mark Brnovich released a conclusion Wednesday stating a pre-statehood abortion ban that only allows the procedure when it saves the mother’s life is the law of the land in Arizona. The 1901 law — ARS 13-3603 — will not be repealed in 90 days by a bill signed this legislative session that makes it a crime for a doctor to perform an abortion after 15 weeks, with exceptions for the health of the mother, according to Brnovich. Any person who assists in an abortion that isn’t lifesaving to the mother could be imprisoned between 2-5 years under the 121-year-old law.” [KTAR, 6/29/22]
- Brnovich’s Decision Put Him At Odds With Governor Ducey Who Said The Newer 15 Week Abortion Ban Takes Precedence Over The Pre-Statehood Law. According to the Associated Press, “Arizona’s Republican attorney general says that a pre-statehood law that bans all abortions is enforceable. Attorney General Mark Brnovich announced his decision Wednesday and said he will soon file for the removal of an injunction that has blocked it for nearly 50 years. Brnovich has been weighing the old law since last Friday, when the U.S. Supreme Court overturned its 1973 decision that said abortion was a constitutional right. His decision puts him at odds with Republican Gov. Doug Ducey, who says a new law banning abortions after 15 weeks takes precedence. Abortion providers across Arizona worried about being prosecuted stopped performing the procedures last week.” [Associated Press, 6/30/22]
- Brnovich Quote Tweeted His Abortion Opinion From His Campaign Account With The Caption: “The Rule Of Law Stands And Arizona’s Most Vulnerable Are More Protected Than They’ve Been Since 1973. #ProLife” Mark Brnovich tweeted, “The rule of law stands and Arizona’s most vulnerable are more protected than they’ve been since 1973. #ProLife” [Twitter, @brnoforaz, 6/29/22]
Brnovich Touted The Praise Of Anti-Abortion Group Susan B Anthony Pro-life America. Mark Brnovich tweeted, “Thank you, @SBAprolife for recognizing my #prolife actions as Arizona AG. Together, we will continue to defend the most vulnerable.” [Twitter, @brnoforaz, 6/30/22]
Arizona Republic Opinion: “Abortion Ruling By Attorney General Mark Brnovich Sets Arizona Women Back To 1864” [Op-Ed by EJ Montini – Arizona Republic, 6/30/22]
Doctors Decried Brnovich’s Legal Opinion That Determined A Civil War Era Abortion Ban Was Law Of The Land In Arizona, Arguing That The Law Could Cause Doctors To Hesitate From Doing Life Saving Procedures Out Of Fear Of Violating The Law. According to Arizona Mirror, “Democratic leaders and candidates along with doctors had strong words for Arizona Attorney General Mark Brnovich, who said Wednesday that abortions are now outlawed in Arizona because a law that was first drafted during the Civil War is still on the books. ‘This law in Arizona will harm women,’ Dr. Viktoria Krajnc, a family medicine practitioner, told reporters Thursday afternoon in front of Brnovich’s office. The law could cause doctors to hesitate from doing life saving procedures, such as on women with ectopic pregnancies, out of fear of violating the law.” [Arizona Mirror, 6/30/22]
- Arizona OBGYN Deshawn Taylor On Brnovich’s Abortion Opinion: “There Is A Direct Link Between Abortion Restrictions And Maternal Mortality… And It’s Just Going To Get Greater” According to KOLD13, “Even though the ban protects the life of the mother, there are a number of health risks pregnant women face and a number of reasons they may choose to get an abortion. ‘There is a direct link between abortion restrictions and maternal mortality… and it’s just going to get greater,’ said OBGYN DeShawn Taylor She says the U.S. has been increasing its maternal mortality rate over time and is among the worst of developed countries. The mortality rate is also at least three times higher in women of color.” [KOLD13, 6/30/22]
Brnovich Issued A Press Release Touting A Supreme Court Ruling To Allow Arizona’s Genetic Defect Abortion Ban To Go Into Effect. According to a press release from Attorney General Mark Brnovich, “Today the Supreme Court of the United States (SCOTUS) granted Attorney General Mark Brnovich’s request to allow Arizona’s pro-life law, S.B. 1457, to go into effect, while litigation moves forward. ‘I am pleased with today’s ruling and proud to defend Arizona’s law that protects the unborn,’ said Arizona Attorney General Mark Brnovich. ‘The best of any society can be seen in how it treats its most vulnerable.’ For over a decade, Arizona has prohibited abortion providers from performing an abortion knowing that the procedure is sought based on the sex or race of the child. Last year, Arizona expanded this restriction on discriminatory abortions to include genetic abnormalities, such as Down syndrome, when the legislature passed S.B. 1457.” [Attorney General Mark Brnovich Press Release, 6/30/22]
Brnovich Sought To Overturn A Pima County Injunction From 1973 That Blocked The Attorney General from Enforcing The 1901 Law Banning Abortion, And Argued The Injunction Only Applied To Pima County, Meaning Abortion Remained Illegal In All Other Counties. According to KJZZ, “There is a 1973 injunction issued by the state Court of Appeals blocking the attorney general from enforcing what had been the 1901 law outlawing abortion. Brnovich has said he intends to ask Pima County Superior Court, where that case originally started, to dissolve the injunction based on the U.S. Supreme Court ruling overturning Roe. He has not yet done that. But Assistant Attorney General Kate Sawyer told Rayes that her boss believes that injunction applies only in Pima County, meaning the 1901 statute is in effect in the other 14 counties.” [KJZZ, 7/11/22]
A Federal Judge Ruled Against Brnovich’s Office And Blocked A 2021 Arizona “Personhood” Law That Gives All Legal Rights To Fetuses From Going Into Effect, Calling The Law Unconstitutionally Vague. According to the Associated Press, “A federal judge in Phoenix on Monday blocked a 2021 state ‘personhood’ law that gives all legal rights to unborn children and that abortion rights groups said put providers at risk of prosecution for a variety of crimes. U.S. District Judge Douglas Rayes said in his written ruling that the groups that sued to block the law are right — it is ‘anyone’s guess,’ as the state acknowledged, what criminal laws abortion providers may be breaking if they perform otherwise-legal abortions. ‘And that is the problem,’ Rayes wrote. ‘When the punitive and regulatory weight of the entire Arizona code is involved, Plaintiffs should not have to guess at whether their conduct is on the right or the wrong side of the law.’ Rayes agreed with the challengers that the law appears to be unconstitutionally vague. […] It is unclear if abortions that have been halted in Arizona since the U.S. Supreme Court ruled last month that women do not have a constitutional right to abortion would restart. Abortion providers stopped virtually all procedures because a pre-1901 banning all abortions that may be in effect and other laws created too much risk. At least in Pima County, where the 1901 law remains blocked, they could be legal, although Attorney General Mark Brnovich plans to ask a court to lift that order and allow enforcement.” [Associated Press, 7/12/22]
Brnovich’s Office Issued A Statement After The Arizona Personhood Law Was Blocked In Court Saying The “Ruling Was Based On An Interpretation Of Arizona Law That Our Office Did Not Agree With, And We Are Carefully Considering Our Next Steps” According to ABC15, “The State Attorney General Mark Brnovich office released a statement after the ruling: ‘[Monday's] ruling was based on an interpretation of Arizona law that our office did not agree with, and we are carefully considering our next steps,’ said a spokesperson for the AG's office, Brittini Thomason. ‘Our focus remains on bringing clarity to the law for Arizonans.’ ‘That is a step,’ said Dr. Issacson, who was a part of the lawsuit seeking the emergency injunction.” [ABC15, 7/12/22]
Brnovich “Repeatedly Ignored” Requests For An Interview About His Office’s Actions On Abortion. According to ABC15, “‘There remain blocks to us feeling comfortable providing any abortions in Arizona’ Clarity is what Dr. Issacson says he is still waiting on. The AG and the Interim Maricopa County Attorney have said a territorial law banning almost all abortions is in place. That law targets the providers, and outlaws abortions unless the mother's life is at risk. The AG has repeatedly ignored ABC15's requests for an interview.” [ABC15, 7/12/22]
Planned Parenthood Arizona Said They Would Not Resume Abortion Procedures, Despite A Court Ruling Blocking The Law That Would Make Abortion Procedures Illegal, Due To “Vague And Confusing” Statements From Brnovich About A Pre-Statehood Ban On Abortions. According to the Associated Press, “The leader of Arizona’s largest abortion provider said Tuesday her organization will not resume the procedures in one county even though a federal judge has blocked a fetal ‘personhood’ law they feared could lead to criminal charges against doctors and others. Brittany Fonteno, president and CEO of Planned Parenthood Arizona, blamed ‘vague and confusing’ statements from Republican Attorney General Mark Brnovich about a near-total pre-statehood ban on abortions for the decision.” [Associated Press, 7/12/22]
AZ Mirror: “Brnovich Wants A Judge To Lift An Injunction On Arizona’s Abortion Ban, Clearing The Way To Prosecute Doctors” [AZ Mirror, 7/13/22]
Arizona Capitol Times: “Brnovich Asks Judge To Restore Power To Criminally Charge Doctors Who Perform Abortions” [Arizona Capitol Times, 7/13/22]
Brnovich Filed A Motion To Fully Reinstate Arizona’s 1901 Abortion Ban After A Federal Judge Blocked The 2021 “Personhood” Law From Going Into Effect. According to AZ Family, “Two days after a federal judge in Phoenix blocked Arizona’s 2021 ‘personhood’ law that gives all legal rights to unborn children, Attorney General Mark Brnovich has filed a motion to fully reinstate the state’s 1901 abortion ban and seek clarity for the law. Abortion rights groups fighting the personhood law said the law put providers at risk of prosecution for various crimes. U.S. District Judge Douglas Rayes said in his written ruling that the groups that sued to block the law are right — it is ‘anyone’s guess,’ as the state acknowledged, what criminal laws abortion providers may be breaking if they perform otherwise-legal abortions.” [AZ Family, 7/13/22]
Brnovich Asked A Pima County Judge To Immediately Restore His Power And The Power OF Local Prosecutors To Bring Criminal Charges Against Doctors who Preform Abortions. According to the Arizona Daily Star, “Arizona Attorney General Mark Brnovich is asking a Pima County judge to immediately restore his power and the power of local prosecutors to bring criminal charges against doctors who perform abortions. In legal papers filed Wednesday, Brnovich argues that the only reason the Arizona Court of Appeals enjoined enforcement of the state’s anti-abortion law was the 1973 U.S. Supreme Court ruling in Roe v. Wade. That historic decision and a follow-up ruling in a 1992 case called Casey v. Planned Parenthood declared that women have a constitutional right to terminate a pregnancy prior to viability of the fetus.” [Arizona Daily Star, 7/13/22]
Brnovich Tweeted About His Motion To Reinstate The Arizona Abortion Ban: “Back In Court Defending Life! Life Is An Arizona Value And I’ll Remain A Top Fighter For Our Most Vulnerable.” Mark Brnovich tweeted, “Back in court defending life! Life is an Arizona value and I'll remain a top fighter for our most vulnerable.” [Twitter, @brnoforaz, 7/13/22]
KVOA: “Planned Parenthood: AG ‘Brnovich Is Playing Politics At The Expense Of Arizonans’” [KVOA, 7/20/22]
Arizona Planned Parenthood CEO: “Attorney General Brnovich Is Playing Politics At The Expense Of Arizonans’ Lives, And It’s Not Just Despicable And Legally Unfounded — It’s Dangerous” According to KVOA, “In a response filed to the court Wednesday, Planned Parenthood of Arizona shared its thoughts on Brnovich's motion and called for the judge to ‘make clear ARS 13-3603 can be enforceable in some respects, but does not apply to abortions provided by licensed physicians under the regulatory scheme the Legislature enacted over the last 50 years.’ ‘Attorney General Brnovich is playing politics at the expense of Arizonans' lives, and it’s not just despicable and legally unfounded — it’s dangerous,’ said Brittany Fonteno, president and CEO of Planned Parenthood Arizona. ‘We know that Arizonans are overwhelmingly in favor of abortion access, and Planned Parenthood will continue to fight these attacks to ensure that everyone gets the health care they need and deserve. Arizona lawmakers have passed numerous laws over the past 50 years allowing physicians to provide abortion. No archaic, harmful 150-year-old law should dictate our reproductive freedom and how we live our lives today. We won’t go back.’” [KVOA, 7/20/22]