Arizona Supreme Court Justice Clint Bolick Recuses from Abortion Rights Ballot Measure Challenge
Arizona Supreme Court Justice Clint Bolick has recused himself from participating in an appeal that seeks to block an abortion rights initiative from appearing on the November ballot.
The initiative, known as the Arizona Abortion Access Act, would guarantee a woman’s right to an abortion up to the point of fetal viability, typically around 24 weeks of pregnancy. Exceptions beyond this limit would be allowed if a healthcare provider determined it was necessary to protect the patient’s life or physical or mental health.
Arizona Right to Life, an anti-abortion organization, has asked the state’s high court to overturn a trial court ruling that dismissed their claim that the initiative’s summary misled voters who signed the petition to get it on the ballot.
Alberto Rodriguez, a spokesperson for the Arizona Supreme Court, explained that Justice Bolick’s recusal was due to his marriage to state senator Shawnna Bolick. Justice Bolick worked with the court’s ethics attorney to establish guidelines for when he should step aside from cases.
“In addition to disqualification rules that apply regardless of his wife Shawnna Bolick’s elected status, such as when she is a party to litigation, he will recuse in any challenge to the constitutionality of a law in which he is aware that his wife was a prime sponsor or prominently identified as a supporter or opponent,” Rodriguez stated. “Otherwise, he will not.”
In 2022, then-state Representative Shawnna Bolick, a Phoenix Republican, was one of the sponsors of a bill that banned abortion in Arizona after 15 weeks of pregnancy. She has been a vocal opponent of abortion rights throughout her career as a political activist and elected official.
Earlier, Clint Bolick also recused himself from a separate case related to a description of the ballot measure that will be sent to every voter, as his wife was a defendant in that case.
According to an order from Chief Justice Ann Scott Timmer, retired former Arizona Supreme Court Justice John Pelander will take over Justice Bolick’s role in considering the fate of the abortion rights ballot measure.
The Arizona Secretary of State’s Office confirmed on Monday that the Abortion Access Act had collected enough valid voter signatures to qualify for the ballot as Proposition 139. The campaign behind the initiative gathered over 820,000 signatures, with approximately 578,000 verified as valid—well above the nearly 384,000 needed to qualify.
The high court is expected to rule on the case by August 22, the deadline for printing ballots.
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