The Quickie: AZ Supreme Court Justice Finally Recuses Himself From Abortion Ban Case
For Immediate Release: Dec. 1, 2023
Welcome to “The Quickie” — Planned Parenthood Action Fund’s daily tipsheet on the top health care & reproductive rights stories of the day. You can read “The Quickie'' online here.
In today’s Quickie: Arizona Supreme Court Justice finally recuses himself from abortion ban case and Sixth Circuit rules in Title X case.
RECUSAL REFUSAL REVERSED: ARIZONA SUPREME COURT JUSTICE FINALLY AGREES TO RECUSE HIMSELF FROM ABORTION BAN CASE: Yesterday, Arizona Supreme Court Justice William Montgomery, a known opponent of Planned Parenthood, agreed to recuse himself from presiding over an upcoming abortion ban case. This decision comes after documented evidence of Justice Montgomery’s anti-Planned Parenthood sentiments prompted Planned Parenthood Arizona (PPAZ) to file a request for recusal in October. Montgomery refused to comply and refuted any claims of personal bias regarding the case. An investigation by The 19th showed that prior to taking the bench, Montgomery had repeatedly made inflammatory and false statements about Planned Parenthood and even participated in a 2015 protest outside of PPAZ’s headquarters.
Kelley Dupps, Senior Director of Public Policy & Government Relations at Planned Parenthood Arizona, explained: “We believe that all litigants in Arizona are entitled to have their cases heard by judges who are not biased against them, and that includes Planned Parenthood Arizona. We welcome today’s order and believe the information we presented in our motion was more than sufficient for Justice Montgomery to recuse himself.”
Currently, abortion is banned in Arizona after 15 weeks. The court will hear arguments in a case brought by an anti-abortion doctor to reinstate a near-total abortion ban from 1864. That ban not only would eliminate access, but it would threaten providers with mandatory prison time. The nearly 160-year-old law was in place briefly last year. If the Arizona Supreme Court reverses the lower court’s ruling, it could decide to make abortion illegal in nearly every circumstance.
Read more in the Arizona Mirror.
SIXTH CIRCUIT RULES IN TITLE X CASE: Yesterday, the Sixth Circuit issued its decision in Ohio v. Becerra, a challenge brought by Ohio and ten other states against the Biden administration’s Title X rule. The court upheld Title X’s requirement to provide abortion referrals when patients request them. But the court held that Title X requires more separation between Title X programs and abortion than the rule currently specifies, which could create confusion about the future of family planning services. Because the Sixth Circuit granted only Ohio’s request for a preliminary injunction, the ruling affects Ohio alone at this time. As Alexis McGill Johnson, president and CEO, Planned Parenthood Action Fund explained, “Our right to control our bodies, lives, and futures is under attack. Anti-abortion rights politicians continue to make it clear: they will not stop at trying to ban abortion. They want to take away birth control, STI testing, and more. Planned Parenthood organizations will continue to fight these attacks on our most basic rights and personal health decisions.”
Read more about the case and Title X here.