Abortion-rights supporters unmoved by Supreme Court justice's defense 1864 ban decision

A day after Arizona Supreme Court Justice Clint Bolick publicly outlined why he thinks it’s misguided for voters to oust judges over unpopular rulings, two groups signaled they will continue to urge his removal from the bench.

Progress Arizona, a liberal advocacy organization, was unfazed by the opinion piece Bolick wrote for The Arizona Republic in which he warned against a judiciary shaped by partisan politics.

That group quickly said it planned to raise money and conduct an education campaign aimed at removing Bolick and Justice Kathryn H. King from the bench in the November elections.

After Bolick’s opinion Monday, Alex Alvarez, the executive director of Progress Arizona, said it’s “definitely full-steam ahead” with their efforts to unseat the justices appointed by former Gov. Doug Ducey.

“This process of judicial retentions was specifically created and enshrined in our constitution to vote out extreme, activist judges like we currently have on the court,” Alvarez said. “This is definitely a campaign to unpack this court, so to speak. The reason that Gov. Ducey packed the court was to ensure that decisions like this were made.”

Separately, the Washington, D.C.-based National Democratic Redistricting Committee said Tuesday that Arizona is one of six states it plans to target in its efforts to rein in courts that have recently upheld abortion restrictions. The NDRC supports Democrats nationally, usually by focusing on political redistricting.

Catch up: Arizona Supreme Court justice targeted for removal over 1864 abortion ban blasts critics

“As the U.S. Supreme Court leaves more and more key decisions to the states, we are seeing firsthand the significant impact that out-of-step justices on state supreme courts can have on individuals' lives and our democracy,” said Marina Jenkins, executive director of the NDRC.

“The decision in Arizona to enforce a draconian abortion ban that outdates the state itself is evidence of the need to elect fair, unbiased, pro-democracy candidates that will protect the voters that they serve — not harm them.”

The NDRC, working with Planned Parenthood Votes, said it plans to spend at least $5 million in state-level supreme court races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas.

In a 4-2 ruling in April, the Arizona Supreme Court upheld a near-total ban on abortions dating to 1864. Bolick wrote that the Arizona Legislature effectively restored the 19th century law when it enacted new abortion restrictions in 2022 ahead of the U.S. Supreme Court’s landmark ruling erasing federal abortion rights.

Amid a national uproar, Arizona Democrats, with the help of a few Republicans, passed a repeal of the abortion ban. Even so, the legal battle over abortion rights remains a highly charged issue, with a measure to guarantee them in the state constitution expected to be on the Arizona ballot.

In November, voters will also weigh whether to retain Bolick and King on the state Supreme Court as part of periodic public input on the judiciary.

On Monday, Bolick said he doesn’t plan to campaign to keep his seat on the bench and said voters’ input could do significant harm to the independence of the judiciary.

“The system is not built to withstand political attacks, and judges seeking retention are at a massive disadvantage,” he wrote. “We cannot ask people for money — and funds raised on our behalf would (and should) be scrutinized. Our judicial ethics limit what we can talk about, and even prohibit us from endorsing each other. For those reasons, I will not have a campaign. By contrast, those trying to take us out have no financial limits and no ethics rules.”

This article originally appeared on Arizona Republic: Abortion-rights groups unmoved by Clint Bolick defense of 1864 ruling