Gov. Brewer Commends U.S. District Court for Dismissal of “Arizona Day of Prayer” Lawsuit

FOR IMMEDIATE RELEASE: December 12, 2011
CONTACT: Matthew Benson

PHOENIX – Governor Jan Brewer today lauded the U.S. District Court’s decision to throw out a lawsuit brought against her for commemorating an Arizona Day of Prayer.

The suit was lodged in March 2010 by the Freedom from Religion Foundation. The out-of-state group challenged the constitutionality of the Governor’s Arizona Day of Prayer proclamations in 2009 and 2010, as well as a separate Day of Prayer proclamation issued for the state budget on January 17, 2010.

The U.S. District Court today granted Governor Brewer’s motion for dismissal on the grounds that the Freedom from Religion Foundation failed to demonstrate injury and, therefore, lacked standing to sue.

Statement by Governor Brewer:

“I commend the U.S. District Court for dismissing this baseless lawsuit for what it is – a futile attempt to stifle an American right and tradition. This was not the Freedom From Religion Foundation’s first failed attempt to put an end to recognized days of voluntary prayer, and it may not be its last. But citizens of every race, background and creed have been coming together in voluntary prayer since our nation’s founding, and will continue to do so against this organization’s best efforts. I thank the Court for allowing Arizona to continue commemorating this important right and custom.” 

###

Governor Brewer Applauds Appeals Court for Affirming Dismissal of Escobar Challenge to SB 1070

FOR IMMEDIATE RELEASE: December 1, 2011
CONTACT: Tasya Peterson

PHOENIX – Governor Jan Brewer today commended the U.S. Ninth Circuit Court of Appeals for affirming the Federal District Court’s dismissal of the challenge to SB 1070 that was filed by Tucson police officer Martin Escobar. In August 2010, Federal District Judge Susan Bolton dismissed the Escobar challenge for lack of standing.

“I am pleased with today’s decision by the Ninth Circuit affirming the dismissal of this case challenging SB 1070,” said Governor Brewer. “I’ll continue to defend the State of Arizona’s duty and obligation to protect the safety and welfare of its citizens.”

Escobar is a Tucson police officer who filed a lawsuit claiming that enforcement of SB 1070 would violate the rights of Latinos. He alleged that he may be subject to civil liability for violating the rights of others in enforcing the Arizona immigration law, and additionally asserted that he would be subject to discipline by his employer and potential civil lawsuits if he failed to enforce SB 1070. The Federal District Court dismissed Escobar’s case, a decision now affirmed by the Ninth Circuit Court of Appeals.

The Arizona Legislature enacted SB 1070 primarily to require that Arizona’s law enforcement officers cooperate in the enforcement of federal immigration laws. Special protections were included in the law to safeguard against racial profiling. SB 1070 was duly-passed by the Arizona Legislature and signed into law by Governor Brewer in order to protect the citizens of Arizona from the federal government’s failure to enforce the immigration laws.

###

Senate Leadership: Statement on Governor’s decision not to call special session

FOR IMMEDIATE RELEASE: November 29, 2011
CONTACT: Mike Philipsen

Statement from Senate Leadership on the Governor’s decision not to call a special session on redistricting

“We are disappointed in Governor Brewer’s decision this afternoon to not call a Special Session on redistricting. After all the unconstitutional decisions and alleged violations of law by IRC Chair Mathis, Arizona voters deserve the opportunity to revisit the concept of an independent commission drawing the legislative and congressional maps. The flaws of having one unaccountable and unelected person making such vital decisions for the state have been exposed.

Senate and House leadership have met numerous times with the Governor and her staff, and we have assured her as recently as this morning that we had the votes necessary to put a Prop. 106 repeal or reform on the ballot in February.

We urge the Governor to reconsider her decision to not call a Special Session.”

###

 

Statement from Governor Jan Brewer on Redistricting in Arizona

FOR IMMEDIATE RELEASE: November 29, 2011
CONTACT: Matthew Benson

“Perhaps the most difficult part of being a leader is telling people what they don’t want to hear. This is one of those moments. I share the sentiments of Arizona voters concerned about the conduct of the Independent Redistricting Commission, especially its Chairwoman. Likewise, I am deeply concerned that this year’s redistricting process has not been conducted openly and in full accordance with the Arizona Constitution, and that the resulting maps may unfairly diminish the political influence of individual communities and the state as a whole.

“It was with those concerns in mind that I removed the Chairwoman from her post with the IRC. I stand by that action, and believe the Arizona Supreme Court grossly erred in returning the Chairwoman to the Commission. There may be another time to deal with the Court, but it’s important at a time like this that we keep our eyes on the bigger picture.

“Arizona voters created the Independent Redistricting Commission with their approval in 2000 of Proposition 106. I’ve seen no evidence to date that indicates voters are ready or willing to throw out the Commission structure. Moreover, the Legislature has yet to produce a consensus set of redistricting reforms to propose to voters.

“I am aware of the time urgency. I know that some legislators, especially those of my political family, are anxious for me to call a Special Session so that they may pursue a ballot proposal to repeal or reform Prop 106. But we cannot act in haste – or in anger – when it comes to something as critical as the way in which Arizona draws its congressional and legislative districts. Our action must be reasoned and rational, and there must be a defined path to victory with voters. I will not call a Special Session on this topic unless and until I believe those bars have been met.”

###

Governor Jan Brewer Files Arizona’s Reply in SB 1070 Litigation

FOR IMMEDIATE RELEASE: November 22, 2011
CONTACT: Matthew Benson

Urges U.S. Supreme Court to Review the Ninth Circuit’s Opinion 

PHOENIX – Governor Jan Brewer today filed a reply with the U.S. Supreme Court regarding the State’s petition for a Writ of Certiorari in the SB 1070 litigation initiated by the federal government.

In August, Governor Brewer petitioned the High Court to take review and lift an injunction that blocked critical provisions of SB 1070 from taking effect. The federal government has since asked that the U.S. Supreme Court deny Arizona’s petition and that the injunction remain in place.

With today’s reply brief, the Governor urges the U.S. Supreme Court to hear this nationally-significant case.

Statement by Governor Brewer

“I have said it before, and I will say it again: Illegal immigration is not just Arizona’s problem, it is America’s problem. The actions of other states such as South Carolina, Alabama, Georgia, and Utah  to follow Arizona’s lead in adopting SB 1070-like legislation is a true testament to the pressing national importance of this issue. Yet the federal government continues to turn a blind eye to the human and financial costs of illegal immigration, and instead imposes unprecedented litigation upon those States who are forced to do the job that it will not.

“Arizonans bear the burden of the federal government’s unwillingness to secure the border and enforce immigration laws. Cartel-related violence spilling over from Mexico is perhaps the most chilling symptom of this failure. Just this week, the bodies of three suspected drug mules were found after reportedly being killed execution-style in the Tumacacori Mountains of southern Arizona. This is the vengeance of the cartel culture. Arizonans have every right to demand that their government – both state and federal – do everything possible to combat this violence before it takes root here on American soil.

“I urge the Supreme Court to hear this case. The Court has an opportunity to solidify the principles that govern cooperative federalism, and to clarify the role that states may play in fulfilling duties the feds have abdicated – namely, to defend the safety and well-being of our citizens. The people of Arizona deserve clarity from the Court. I am hopeful it will hear our appeal.”

###

Governor Jan Brewer Seeks Clarity from Arizona Supreme Court

FOR IMMEDIATE RELEASE: November 21, 2011
CONTACT: Matthew Benson

Governor, Legislature Seek Explanation for High Court Intervention

PHOENIX – Time is short, and the people of Arizona deserve answers.

Governor Jan Brewer and the Arizona State Senate today filed a pair of legal motions formally requesting that the Arizona Supreme Court reconsider last week’s ruling to reinstate Chairwoman Colleen Mathis to the Independent Redistricting Commission. Additionally, the Governor and State Senate have asked the Court to clarify its November 17 order regarding the removal of Chairwoman Mathis, and for the court to stay the order reinstating the IRC Chairwoman until further clarity is provided.

Statement from Governor Brewer 

“It is untenable that the Court has blocked me from executing my Constitutional authority to remove a member of the IRC, but has provided neither explanation for its action nor a timetable for when that guidance will be granted. I maintain that my action was lawful to remove the IRC Chairwoman based on her misconduct and neglect of duty, and ask that the Court reconsider its order of reinstatement. At a minimum, the Chairwoman should be barred from resuming her duties until the Court has provided clarity regarding its cursory order.” 

Statement from Senate President-elect Steve Pierce 

“The Governor and the State Senate have clear constitutional authority to remove an IRC member. When the Court inserts itself into this process, it has an obligation to explain its actions clearly. On Thursday the Court not only disregarded the actions of the Governor, but also more than two-thirds of the State Senate. The Court owes the people of Arizona an explanation on their intervention, and Ms. Mathis must not return to the IRC until we get those answers.” 

Statement from Speaker of the House Andy Tobin 

“I fully support today’s action. Last week’s order from the Court has serious negative repercussions on the constitutional separation of powers. The Arizona Constitution clearly gives the authority to remove a commissioner to the Governor, with a concurring two-thirds vote of the State Senate. The Court has in effect substituted its judgment for that of the Governor and Senate. Therefore, I’ve directed my counsel to seek intervention in the special action for the purpose of joining the Governor and the Senate in seeking reconsideration of the order.”

###

Arizona Supreme Court Reinstates Colleen Mathis as Chairman of Redistricting Commission

Early this evening, the Arizona Supreme Court issued a ruling reinstating the so-called ‘Independent’ Colleen Mathis to the Arizona Independent Redistricting Commission.

This is a victory for leftists and Strategic Telemetry who were attempting to manipulate the Arizona Constitution to gain political power by leveraging data to the left’s advantage.

Three members of the commission decided to disregard the mandates outlined in the Arizona Constitution and solely utilize the element of competitiveness to draft Arizona electoral boundaries.

The law states the following under Article 4, Part 2, Section 1:

(14) The independent redistricting commission shall establish congressional and legislative districts. The commencement of the mapping process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as necessary to accommodate the goals as set forth below: 

A. Districts shall comply with the United States Constitution and the United States voting rights act; 

B. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable; 

C. Districts shall be geographically compact and contiguous to the extent practicable; 

D. District boundaries shall respect communities of interest to the extent practicable; 

E. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts; 

F. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.

The two Democrats and Independent member, Colleen Mathis, established “F” – the competitive provision – as the main criteria in drafting the maps.

This was a blatant redistribution of votes.

With Mathis now reinstated, the commission can move forward working to further divide and leverage minority power against the rest of the State of Arizona.

We would assume that Governor Brewer is furious over the court’s action (A statement was just released.)

This may also set the stage for a constitutional crisis.

This also should give the legislature further motive to move quickly to enter a special session with the exclusive objective of referring a repeal of the law that gave us the Arizona Independent Redistricting Commission.

The Legislature has until November 30th to pass a referendum in order to place it on the ballot on the same day of the Presidential Preference Election on February 28th.

If you support repealing the Arizona Independent Redistricting Commission and restoring this authority to 90 elected accountable people instead of 5 un-elected un-accountable people, contact the Arizona Legislature and let them know.

Time is running out for the legislature to act.

Lets restore this important authority to those who will not manipulate the law using slick Democrat consulting firms.

BREAKING NEWS: Planned Parenthood Lawsuit Against Abortion Consent Act Is Over

A court order entered today by Maricopa County Superior Court Judge Mark Brain officially ends the legal attack on the Abortion Consent Act by Arizona’s largest abortion provider, Planned Parenthood.

In August, the Arizona Court of Appeals ruled that the CAP-drafted and supported Abortion Consent Act was constitutional in a 3-0 decision. Today’s court order dismisses all remaining claims in the case and allows the Abortion Consent Act to take effect immediately.

The Abortion Consent Act is the single most significant piece of pro-life legislation in Arizona. This is a tremendous victory for the entire state, especially women and preborn children.

The provisions in the Abortion Consent Act include:

  • The state will require a notarized parental signature before an abortion can be performed on a minor child.
  • Women will be provided with full and accurate information by a doctor in person at least 24 hours before an abortion.
  • Medical professionals cannot be forced to perform abortions if it contradicts their sincerely held religious or moral beliefs.
  • Non-doctors will not be permitted by law to perform surgical abortions.

While this is a monumental step forward for the Arizona, there is still much work to be done to see the sanctity of human life protected from its very beginning to its natural end.

Center for Arizona Policy is grateful to all of those who made this victory possible, including Governor Jan Brewer, the Arizona Legislature, the Arizona Attorney General’s Office, Alliance Defense Fund, Bioethics Defense Fund, Life Legal Defense Foundation, and the many Arizonans who turn out every election cycle to vote their values and elect officials that stand for life.

For more information on the Abortion Consent Act visit CAP’s information page: http://bit.ly/qDCDpv

To read the decision from the Court of Appeals click here: http://bit.ly/r2m5QU

Governor Jan Brewer – Scorpions for Breakfast

Governor Jan Brewer - Scorpions for Breakfast

Statement by Governor Jan Brewer: Veterans Day

 

FOR IMMEDIATE RELEASE: November 10, 2011
CONTACT: Matthew Benson

“I urge all Arizonans to join me in paying respect to the men and women of the United States Armed Forces.

“Let us say a prayer for the fallen heroes who have given their lives to protect our nation and preserve the freedoms we too often take for granted. Let us take this opportunity to acknowledge those who continue to fight –who continue to risk their lives daily to save ours.

“To all of Arizona’s veterans, I say: thank you. Thank you for your sacrifices. Thank you for your willingness of the heart. Thank you for your sense of duty.

“May God bless our veterans and their families, as well as our Great State of Arizona. Most of all, may God bless those who have paid the ultimate price in preserving and protecting the United States of America.”

###

Weekend Vids: Schapira vs. Kavanagh, Lewis vs. Pearce & Gullett vs. Stanton

Arizona Republican Party Statement on Removal of AIRC Commissioner

FOR IMMEDIATE RELEASE: November 2, 2011
CONTACT: communications@azgop.org

PHOENIX – The Arizona Republican Party issued the following statement regarding the removal of Arizona Independent Redistricting Commissioner, Colleen Mathis:

“Governor Jan Brewer and Republican members of the Arizona Legislature have our full faith and support in their recent action to immediately correct the gross misconduct that has occurred on the Arizona Independent Redistricting Commission.  Governor Brewer exhibited extreme patience in allowing Commissioner Colleen Mathis more than enough time to perform her duties and abide by the Arizona Constitution. That time ran out yesterday when Ms. Mathis was removed from her position in accordance with the consitutionally-mandated direct oversight authorized to Governor Brewer. The Governor and Legislature had no other choice but to act swiftly to restore and preserve the integrity of the redistricting process.”

“Until yesterday’s action by the Governor and Legislature, communities across the state were in danger of losing democratic representation or even worse, being disenfranchised as a unique community. That political disaster appears to have been averted.”

“The Arizona Republican Party will stand firmly with Governor Brewer in her effort to correct this gross misconduct and to restore the confidence of all Arizonans in our constitutionally-required electoral process. We are especially grateful for her courage in placing the law above politics and partisanship.”

###

Senator Sylvia Allen on the Constitutional removal of Colleen Mathis

Senator Sylvia Allen

On Tuesday the Senate confirmed the Governor’s removal of the Independent Redistricting Commission Chair Colleen Mathis. This action should have been taken back in June, but it was taken now because the maps produced by the IRC under the direction of the Chair are unconstitutional in all six criteria that must be considered:

  • The U.S.Voting Rights Act
  • Equal Population
  • Geographical Compactness
  • Respect for Communities of Interest
  • Use of Visible Geographic features
  • Competitiveness

We believe that Ms. Mathis has presided over a dysfunctional process riddled with incompetence and that she has failed in her one, overriding goal: to produce constitutional maps.

The Chair prevented Republican Commission members from hiring their own counsel, and she engineered the awarding of a mapping consultant contract to a partisan firm that clearly was in over its head. The awarding of the contract to Strategic Telemetry was done under a cloud of open meeting violations and alleged bid-rigging. Those evaluations were then put through a paper shredder so that nothing can be verified.

She has refused to cooperate with the Attorney General’s open meeting law investigation of the IRC.

The IRC abandoned the use of grid maps, contrary to the Arizona Constitution.

Dramatic changes were made to the draft maps over the weekend of September 24, in private and without the full Commission. The following Monday, commissioners were asked to view and approve the entirely new maps.

After seven days of testimony in front of the Joint Legislative Committee on Redistricting, there is overwhelming evidence that the IRC has produced unconstitutional congressional and legislative draft maps. You can read the report here.

The law provides for the actions that the Governor and the Legislature took Tuesday. When Proposition 106 was passed by the people, provisions were included for removal of any Commissioner if they did not function properly and within the law.

I heard a consistent complaint over and over from many in my District who attended the IRC meeting. They felt strongly that the commissioners did not listen or care about the testimony given concerning their proposed maps. Early in the process, maps from my District had been drawn and submitted to the Commission. These maps had strong support of the vast majority of my District. These maps met the Constitutional criteria and would have kept eastern rural Arizonatogether. In my District alone, 15 cities and towns passed resolutions in support of our maps and against the IRC maps. The five eastern counties all testified that we would lose rural representation under the new maps and that the four new districts drawn out of the original District 5 did not meet the Constitutional criteria.

More than ten years ago, Prop 106 (the Creation of an Independent Redistricting Commission) was sold to the public by persuading them that it would be “independent” – that is, free from all partisanship. Please understand that NOTHING is ever free from politics or partisanship but if it is held accountable to the people through their vote and voice, then we have a better check on the process.

Before the IRC (Prop 106), the state Constitution put the responsibility for redistricting in the hands of the Legislature, approved by the Governor. This constitutional process held the Legislature/Governor accountable to the people who, through their vote and voice, could express their desires and concerns. Through this process, my 15 cities and towns and five counties’ resolutions would have had more of an impact on the Legislature than on an “independent” commission composed of people who feel no responsibility to or consequences from the voters.

By creating an “independent” commission that is totally unaccountable to the people, the people’s voice has been lost, and all that matters is the individual partisanship pressure the commissioners feel from special interests. We need to repeal the law that created the IRC and put this process back in the hands of the people, as it was originally constitutionally designed.

Governor Brewer Statement on Special Session and Removal of IRC Chairwoman

FOR IMMEDIATE RELEASE: November 1, 2011
CONTACT: Matthew Benson

Statement from Governor Jan Brewer
Special Session and Removal of IRC Chairwoman

Governor Jan Brewer released the following statement today as she invoked her Constitutional authority to remove a member of the Independent Redistricting Commission:

“The Arizona Constitution provides that the Governor has direct oversight of the Independent Redistricting Commission, as well as the ability to remove any member due to ‘substantial neglect of duty’ or ‘gross misconduct in office.’ I invoked that authority today with my decision to remove IRC Chairwoman Colleen Mathis, and I’ve called the Arizona Legislature into Special Session so that the State Senate may concur with this removal, in accordance with the Constitution.

“I recognize that my decision will not be popular in some quarters. I certainly did not reach it lightly. However, the conduct of the IRC – led by Chairwoman Mathis – has created a cloud of suspicion that will not lift. A flawed redistricting process has resulted in flawed district maps. As Chairwoman of this Commission, the buck stops with Ms. Mathis.

“Today’s action isn’t the easy thing, certainly. But I’m convinced it’s the right thing. I will not sit idly-by while Arizona’s congressional and legislative boundaries are drawn in a fashion that is anything but Constitutional and proper. Arizona voters must live with the new district maps for a decade.

“I urge the Senate to act quickly so that a newly-constituted Redistricting Commission may complete its duties in time.”

###

 

 

Gov. Brewer: Arizona Independent Redistricting Commission must respond to allegations

FOR IMMEDIATE RELEASE: October 26, 2011
CONTACT: Matthew Benson

Statement from Governor Jan Brewer
Independent Redistricting Commission

Governor Jan Brewer released the following statement today in pursuing a response from the Independent Redistricting Commission (IRC) to allegations of substantial neglect of duty and gross misconduct:

“Serious and substantive allegations exist regarding the conduct of the Independent Redistricting Commission as part of its critical mission to draw Arizona’s congressional and legislative districts. It is time that the IRC members themselves are afforded an opportunity to respond.

“In accordance with my Constitutional authority and responsibility, today I have issued to each member of the IRC a letter with a detailed set of allegations that rise to the level of substantial neglect of duty and gross misconduct. I believe good-faith answers can cast much-needed light upon the procedures followed by the IRC as part of a process that will set Arizona’s district boundaries for the next decade.

“My mission is to ensure that our redistricting process is constitutionally-sound and worthy of the full faith and confidence of Arizona voters. Anything less is unacceptable.”

###

Governor Brewer Letter to Independent Redistricting Commissioners

Governor Brewer Letter to Colleen Mathis

Statement by Governor Brewer: Arizona to Host Super Bowl XLIX in 2015

FOR IMMEDIATE RELEASE: October 11, 2011
CONTACT: Matthew Benson

“I was thrilled to learn that NFL owners today awarded the 49th Super Bowl to the great State of Arizona – marking the third time the Phoenix area has hosted the championship game and the second time it will be played in Glendale’s beautiful University of Phoenix Stadium. I want to thank the Arizona Super Bowl Host Committee for all of its fine work and, of course, NFL owners who’ve given the state this honor.

“The Super Bowl is indisputably one of the world’s premier sporting events – and an economic boon to any state fortunate enough to play host. In 2008, the last time the Super Bowl was played in Glendale, football fans generated upwards of $500 million in economic impact for Arizona.

“Beyond the economic impact, the Super Bowl will once again shine a bright light on all that our wonderful state has to offer. I know that football fans across Arizona share my enthusiasm in knowing that the Super Bowl is coming back to the Grand Canyon State!”

###

Governor Brewer: Redistricting Commission Has Botched Process

FOR IMMEDIATE RELEASE: October 5, 2011
CONTACT: Matthew Benson

Proposed Congressional Map is Fatally Flawed and a Partisan Giveaway to Democrats

Governor Jan Brewer today blasted a new Arizona congressional map preliminarily adopted this week by the Independent Redistricting Commission.

“The IRC proposal is simply gerrymandering at its worst,” said Governor Brewer. “This unaccountable, unelected Commission has misused its authority to draw a congressional map that is every Democrat’s dream. In doing so, they’ve violated their bedrock legal requirements to maintain districts that protect communities of interest and are geographically compact.”

Arizona undergoes redistricting every 10 years, with the new map generally tweaking congressional boundaries to account for population shifts and the gain or loss of districts. This new proposal, however, throws that concept out the window – completely rewriting Arizona’s congressional lines in a move that splits counties and communities and tosses large numbers of voters and sitting members of Congress into new districts.

To what end? The consensus among independent national and local media is becoming clear: to benefit Democrats. National political analyst Stuart Rothenberg, author of the nonpartisan Rothenberg Political Report, said the proposed congressional map has “significant partisan implications,” and “really helps Democrats and screws Republicans.” Politico said the draft plan “has the potential to drastically alter the state’s congressional landscape,” and that the map has Democrats “poised for gains.”

“Allegations have been rampant throughout the redistricting process that the IRC has violated the law, from its refusal to cooperate with a state investigation, to its disregard of procurement procedures and Arizona’s Open Meeting Law,” Governor Brewer said. “I’ve held my tongue, waiting for the results of the Arizona Attorney General’s investigation and hoping the IRC would put forward a fair proposal consistent with the requirements set forth in the Arizona Constitution. This map dashes those hopes, and I’ll be silent no longer. Arizona voters are owed a redistricting process that is lawful and transparent. The Arizona Constitution mandates that IRC members conduct redistricting ‘in an honest, independent and impartial fashion, upholding public confidence in the integrity of the redistricting process.’ Based on this proposal and the IRC’s prior behavior, it seems clear the commission is bent on awarding to the Democratic Party control of congressional districts that it could not win on Election Day. This is nothing less than neglect of duty and gross misconduct.”

Members of the public will have 30 days in which to comment on this proposed congressional map. The IRC will host public hearings around the state beginning Oct. 11, or you can comment at the IRC’s website: www.AZredistricting.org.

“I’ll be formally commenting to let the IRC know how I feel, and I urge Arizonans to do the same,” said Governor Brewer. “Redistricting only happens once every decade, and nothing will play a more critical role in Arizona’s congressional makeup. This is our opportunity to stop this travesty.”

###