Supreme Court Justice Clint Bolick Steps Aside on Abortion Rights Ballot Challenge

Arizona Supreme Court Justice Clint Bolick has stepped aside from an appeal concerning the Arizona Abortion Access Act, a proposed initiative that may be presented to voters in November.

Should the initiative pass, it would affirm a woman’s right to terminate a pregnancy up to fetal viability, approximately 24 weeks. The law would include exceptions to this limit, particularly for cases where a healthcare provider deems it necessary to protect the patient’s life or mental health.

The anti-abortion organization, Arizona Right to Life, is challenging a previous ruling by a trial court judge, who dismissed claims that misinformation was used to mislead voters into signing the petition for the ballot initiative.

Alberto Rodriguez, spokesperson for the Arizona Supreme Court, revealed that Bolick’s recusal is tied to his marriage with state Senator Shawnna Bolick. He stated that guidelines had been established in consultation with the court’s ethics attorney to inform such decisions.

Rodriguez commented, “He will recuse himself from any challenge to the constitutionality of a law if he is aware that his wife was a key sponsor or significantly identified as a supporter or opponent.” This is in addition to general disqualification rules.

Shawnna Bolick, who previously served as a Phoenix Republican state representative, sponsored legislation in 2022 that limited abortion access to 15 weeks. She has consistently opposed abortion rights throughout her political career.

Previously, Clint Bolick also recused himself from a separate lawsuit regarding the ballot measure’s description, given that his wife was a defendant in that case.

Retired Justice John Pelander will now preside over the case involving the abortion rights initiative in place of Clint Bolick, as per Chief Justice Ann Scott Timmer’s order.

The Arizona Secretary of State’s Office confirmed that the Abortion Access Act has met the required voter signature threshold to be included on the ballot as Proposition 139, having gathered over 820,000 signatures, with around 578,000 validated.

A decision from the Supreme Court is anticipated by August 22, the cutoff for ballot printing.

***UPDATED: This story has been revised to include additional information and comments from Alberto Rodriguez.