Arizona Supreme Court Justice Bill Montgomery declined to recuse himself from a case on the abortion ballot initiative after claims that he is biased.
The abortion rights group Arizona for Abortion Access says Justice Bill Montgomery should not hear the case citing previous statements he made, including that he believes Planned Parenthood commits genocide.
In July, a lower court judge ruled to strike the phrase “unborn human being” from the description of a ballot initiative that would protect the right to abortion up until fetal viability in Arizona’s constitution. Republican lawmakers are looking to appeal the ruling. They claim that the phrase, which abortion opponents frequently use, is impartial and neutral as it is language taken from current state law.
24 hours after Arizona for Abortion Access moved for his recusal, Montgomery said that since the case at hand does not involve Planned Parenthood Arizona, and has different parties and issues, then he can remain.
“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,” he wrote.
Chris Love, an attorney with the organization, says that while they are disappointed with his decision, they are still hopeful about seeing the initiative on the ballot this fall.
“We look forward to again prevailing in our appeal, but we will be watching, and our hope is that he can make a decision that's free of bias,” Love said.
Montgomery’s choice comes one week after Justice Clint Bolick recused himself. His wife, Republican Senator Shawnna Bolick, sat on the council that approved the use of the phrase "unborn human being" in its description of the abortion initiative.
Montgomery previously recused himself from a case earlier this year that dealt with the right to abortion in the state.
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