On Monday, August 5, 2024, KJZZ reported that an abortion rights group called Arizona for Abortion Access had asked Arizona Supreme Court Justice Bill Montgomery to recuse himself from a case involving ballot language for a constitutional amendment on abortion access.
The group is pushing for voters to approve changing the state constitution to establish a right to abortion. However, the Republican-controlled Arizona Legislative Council approved ballot language analyzing the measure that includes the phrase “unborn human being.” A superior court judge ruled that the council needs to alter the description because that terminology has strong political implications. Republican lawmakers appealed this ruling to the state Supreme Court.
Justice Montgomery could potentially have a say in the appeal. However, Arizona for Abortion Access has argued he should recuse himself due to past public statements expressing anti-abortion views. The group cited a 2017 Facebook post where Montgomery called Planned Parenthood responsible for “the greatest generational genocide known to man.” He also participated in a 2015 protest outside a Planned Parenthood headquarters in Arizona.
Initially, Montgomery declined to recuse himself from a previous abortion-related case, asserting he could consider the facts impartially. But he later changed his decision without providing a reason.
A spokesperson for Arizona for Abortion Access said given Montgomery’s long history of problematic remarks on these issues, it’s clear he can’t conduct a fair review. The group hopes that, like last time, he will agree to step aside.
Already, another justice, Clint Bolick, has recused himself since his wife, state Senator Shawnna Bolick, sits on the Legislative Council that drafted the disputed ballot language. If Montgomery also withdraws, it could impact how the high court rules on the challenge to the ballot language approved for the upcoming abortion access measure.
Source: KJZZ
