The Arizona Legislature voted to place an initiative on the November ballot to protect two state Supreme Court justices who supported a near-total abortion ban from removal. This initiative would eliminate the current term limits for Supreme Court justices and Superior Court judges in large counties, allowing them to serve indefinitely unless decided otherwise by a judicial review commission. The measure bypasses Democratic Governor Katie Hobbs, who signed a repeal of the 1864 abortion ban earlier this year. Some Democrats expressed concerns about the removal of the retention rules, which were previously championed by late former U.S. Supreme Court Justice Sandra Day O’Connor.
Republican Sen. Dave Gowan, the sponsor of the bill, emphasized that judges would still be subject to judicial review by a committee to determine if they are fit to continue serving. The initiative is expected to appear on the ballot alongside another initiative that would establish the right to abortion in the Arizona Constitution. The final Senate vote on the judicial ballot initiative was 16-10, with four senators not voting. Despite calls for recusal, Republican Sen. Shawnna Bolick, the wife of Supreme Court Justice Clint Bolick, voted in favor of the measure.
Justices Bolick and Kathryn Hackett King, who supported the restoration of the 1864 abortion ban, are the only two Supreme Court justices up for retention votes in November. Both were appointed by former Republican Governor Doug Ducey. If approved by voters, the measure would apply retroactively to October 31, potentially nullifying the results of any retention vote on the judges this year. Opponents of the initiative, such as the group Progress Arizona, argue that it diminishes the power of voters and undermines democracy. Democrats have made abortion a central issue in their efforts to gain control of the state Legislature after years of Republican dominance.
The decision to protect the Supreme Court justices has sparked controversy and debate in Arizona, particularly within the political sphere. Supporters of the initiative believe it is necessary to safeguard judges from potential removal based on their decisions, while opponents argue that it undermines the principles of democracy and accountability. With the upcoming November ballot set to feature multiple initiatives related to abortion and judicial retention, the outcome of these votes could have a significant impact on the future of governance and reproductive rights in Arizona. The initiative’s passage marks a contentious development in the ongoing battle over abortion rights and judicial independence in the state.
