Maricopa County prosecutor sows doubt about Arizona abortion law

Following an Arizona judge’s decision to reinstate a near-total ban on abortion, first enacted in 1864, the top attorney in the state’s most populous county said she won’t prosecute women who undergo the procedure.

In a video posted to Twitter on Tuesday, Maricopa County Attorney Rachel Mitchell, a Republican, argued the ban conflicts with existing state laws, and she said she’d seek a court’s “guidance” before prosecuting a case under the more than 150-year-old statute. 

“Friday’s Pima County Superior Court decision regarding abortion and the subsequent appeal have not resolved which law among conflicting statutes now applies,” Mitchell said. She downplayed the concerns over abortion restrictions by claiming law enforcement hasn’t yet asked her to prosecute an abortion case. 

But what will happen if and when law enforcement does ask her to prosecute?

“If further guidance has not been provided by the courts or the Legislature by that time, my office will seek guidance from the court before taking any action,” Mitchell said. 

“I know this is a highly emotionally charged subject, and I want the community to know that I will not prosecute women for having abortions and no statute even suggests a woman will be prosecuted for her decision,” she added. “Likewise, I will not victimize victims of rape, incest or molestation.” 

Notably, Mitchell’s statement said nothing about doctors who provide abortions facing prosecution. And that would be an important clarification to make, given Arizona abortion clinics are currently advising women to flee the state if they want an abortion. 

Mitchell, whom you may remember as the prosecutor Republicans hand-picked to question a woman who accused then-Supreme Court nominee Brett Kavanaugh during his confirmation hearings, is up for re-election this fall in increasingly liberal Maricopa County. Her reference to people “fearmongering” is likely a passing reference to her Democratic opponent, Julie Gunnigle, who has focused heavily on abortion rights — and Mitchell’s noncommittal stance on whether to support them — throughout her campaign. 

After Mitchell released her video, Gunnigle criticized her for failing to provide clarity about whether and how she’ll enforce the law: 

Republicans like Mitchell can read the tea leaves. They’ve seen voters revolt against strict abortion measures — including voters in ostensibly conservative states like Kansas. So they’re trying to moderate their stances, or avoid sharing them, to avoid riling up voters. 

The Maricopa County Board of Supervisors appointed Mitchell in April after the county attorney resigned the previous month. November’s special election will determine whether she will continue to serve in that role.

She clearly knows her stance on abortion is a liability in what will be voters’ first chance to weigh in on her fitness for the job. Her video was meant to assuage concerns ahead of a contentious election, but given what we already know about her political ties, no one should take her at her word.

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