An Arizona Supreme Court justice who has made comments critical of abortion before he was appointed to the bench won’t recuse himself from a case dealing with an abortion rights ballot question that could go before voters in November.
Arizona for Abortion Access, which is backing the ballot question to add the right to abortion to the state Constitution, called on Justice Bill Montgomery to recuse himself in the case, which concerns the language that will describe the ballot measure to voters.
A Republican-controlled legislative panel approved the use of the phrase “unborn human being” in a description of the question that will be included in voter information pamphlets. But a trial court judge ruled the council must change the description because that phrase is charged with “emotional and partisan” meaning.
Republican lawmakers appealed that ruling, setting the stage for a decision by the Supreme Court.
Arizona for Abortion Access cited Montgomery’s previous statements, including a Facebook post accusing Planned Parenthood of committing genocide, in a motion asking him recuse himself from the case.
Montgomery previously recused himself from a different abortion-related case last year that was brought by Planned Parenthood and dealt with the state’s abortion ban laws.
In an order filed Tuesday, Montgomery declined to recuse himself from the current case. He noted that Planned Parenthood Arizona is not a party in the current case – though Planned Parenthood’s political arm is a part of the Arizona for Abortion Access coalition – and cited precedent that states, “[t]he fact that a judge may have an opinion as to the merits of the cause or a strong feeling about the type of litigation involved, does not make the judge biased or prejudiced.”
“And my responsibility to perform my duties with honor and integrity and with fidelity to my oath of office is paramount to any opinion or feeling about any issue that may come before the Court, including this one,” Montgomery wrote.
Justice Clint Bolick has already recused himself from the case, because his wife, GOP Sen. Shawnna Bolick, voted to approve the language contested in the case.
