Why do people want Bill Montgomery to recuse himself from abortion ballot case? Inside ASC justice's troublesome past

In July, a lower court ruled to remove the term “unborn human being” from a ballot initiative.

PUBLISHED AUG 7, 2024

In fact, Montgomery recused himself from an abortion-related case earlier this year.

Phoenix, Arizona: Arizona Supreme Court Justice Bill Montgomery has refused to recuse himself from a case regarding an abortion ballot initiative, despite claims of bias due to his previous statements.

Bias allegations

The abortion rights group Arizona for Abortion Access claims Montgomery should not hear the case as in the past he has made a number of anti-abortion comments including accusing Planned Parenthood of committing genocide.

Arizona for Abortion Access, a pro-abortion rights group, turned in 823,685 signatures to get the abortion measure on the ballot this November.

Ballot initiative controversy

In July, a lower court ruled to remove the term “unborn human being” from a ballot initiative description that aims to protect abortion rights up to fetal viability in Arizona's constitution. Republican lawmakers are appealing the decision, arguing the term is neutral and taken from current state law.

Montgomery's response

Montgomery's reasoning for not recusing himself from the case is that as the current case does not involve Planned Parenthood Arizona, he believes he can remain unbiased and fulfill his "duties with integrity".

Context and reactions

Recusal of justices from cases related to the abortion issue are not new, earlier Justice Clint Bolick recused himself from the case because his wife was involved in approving the controversial phrase. In fact, Montgomery recused himself from an abortion-related case earlier this year. Even with Montgomery admant on staying on the case, Chris Love from Arizona for Abortion Access remains hopeful about the initiative's success on the ballot.