On Tuesday, August 6, 2024, KJZZ reported that Arizona Supreme Court Justice Bill Montgomery declined to recuse himself from a case regarding the language used to describe an abortion ballot measure in the November elections.
Arizona for Abortion Access, the group backing a ballot initiative to add abortion rights to the state constitution, had filed a motion asking Justice Montgomery to recuse himself from the case. They cited his previous statements criticizing Planned Parenthood as evidence of potential bias. However, Justice Montgomery rejected those claims in his order.
The case centers on a description of the ballot measure approved by Republican legislators that refers to “unborn human beings.” A lower court ruled that the language was too emotionally charged and partisan. The legislators appealed that ruling to the state Supreme Court.
While Justice Montgomery had recused from a past abortion-related case involving Planned Parenthood due to his previous comments, he noted that Planned Parenthood is not directly involved in this case. Planned Parenthood’s political arm is part of the coalition backing the ballot initiative, but Montgomery stated that opinions on issues do not necessarily constitute bias. He affirmed that he has to rule impartially according to his oath of office.
Justice Clint Bolick has already recused himself from a different conflict of interest, as his wife State Senator Shawnna Bolick had voted on the disputed ballot language. But Justice Montgomery’s order means he will participate in the case moving forward as the court deliberates on the appropriate wording Arizona voters will see regarding the major abortion policy change.
Source: KJZZ
