Arizona Supreme Court justice who faces retention vote defends abortion ban ruling

PHOENIX — Arizona Supreme Court Justice Clint Bolick is pushing back against the notion that his vote to uphold a near-total abortion ban earlier this year is a reason to remove him from the bench.

Bolick said Tuesday that when the state’s high court made the ruling in April, it was just doing its job, which is to follow the law.

“And that’s exactly what we did in in the abortion case, and most legal scholars [and] legal commentators who have looked at our decision, whether they’re liberal or conservative, agree that that we reached the right decision,” he told KTAR News 92.3 FM’s The Mike Broomhead Show.

Bolick was part of the 4-2 majority that upheld the ban, which never ended up going into effect because new legislation was passed to supersede it.

“But nonetheless, they are using it to try to remove my colleague, Justice Kate King, and me from the court and to replace us with justices who will rubber stamp their ideological agenda,” Bolick said. “And we don’t rubber stamp anybody’s agenda; we follow the law.”

Bolick acknowledged that the ruling may have been unpopular, but he accused those of pushing for his ouster over it of having “other motivations.”

“We don’t want judges looking over their shoulders for the political consequences of their decision. It would destroy our judiciary,” he said.

Two justices face retention votes in November

Bolick and King are the only Arizona Supreme Court members due for judicial retention votes in the Nov. 5 general election. Voters rarely remove judges, but Bolick and King are facing an organized effort to oust them.

Soon after the abortion ruling was issued, activist group Progress Arizona launched a campaign encouraging voters to reject the justices because of the decision.

Last week, abortion rights group Reproductive Freedom for All announced it was supporting the effort.

“We have the opportunity to fill two of these seats with justices who are reflective of the will of our state and who will respect our right to abortion care,” Athena Salman, the group’s director of Arizona campaigns and a former state lawmaker, said in a press release. “Reproductive Freedom for All Arizona is proud to endorse against the retention of Justices Bolick and King and is ready to mobilize our members to get it done this November.”

Wife of Arizona Supreme Court justice helped repeal ban

Ironically, Bolick’s wife, state Sen. Shawnna Bolick, was one the few Republicans who joined Democratic lawmakers to pass the bill that kept abortions legal in Arizona through 15 weeks of pregnancy.

While he didn’t express his views on abortion, the Arizona Supreme Court justice said he’s made court decisions that go against his personal policy positions a number of times.

“And when I do that, I feel like I’ve acted as a judge rather than a politician,” said Bolick, who was appointed to high court in 2016. “If the voters want a third political branch in addition to the Legislature and the executive branches, then they should vote us out of office. But if they want an independent judiciary that rules on the basis of the law, I think that that Justice King and I have demonstrated that we do that time and again.”

Even if Bolick and King make it through the retention vote, Gov. Katie Hobbs will soon have the chance to name her first Arizona Supreme Court justice.

Justice Robert Brutinel announced Tuesday that he is retiring Oct. 31 after nearly 14 years on the state’s high court.

Follow @kstonezone