What you need to know about abortion, review proposals for retention on the ballot

PHOENIX (AZFamily) — Abortion is a topic of discussion in various ways this election.

There’s Prop 139, which would enshrine the right to abortion in the state constitution.

In addition, two of the Arizona Supreme Court justices who decided to reinstate an 1864 law that banned nearly all abortions in Arizona are to be retained.

Finally, Proposition 137 primarily aims to change the way judicial retention elections work.

There are signs and advertisements campaigning for or against judges Clint Bolick And Kathryn Kingtwo of the top four votes in favor let the state enforce the pre-Civil War abortion ban.

“The only reason their jobs are actually at stake is because of their vote on the 1864 statute,” says constitutional law expert Robert McWhirter.

In Arizona, judges are appointed by the governor and each judge can be retained for two years after appointment, and every six years thereafter.

“If you believe in judicial independence, you should not lose judges or vote against judges just because of their rulings,” McWhirter said.

McWhirter says that while it’s fair that voters have feelings about judges’ decisions, it’s important to note that their job is to interpret the law and not side with their own opinions.

“It’s going to be a very dangerous and rocky road if you start voting judges out of office just because you don’t like their rulings,” he said.

However, McWhirter says many judges are appointed by governors who want to fill the court with people who interpret the law according to a specific philosophy or ideology.

“Because (former) Governor (Doug) Ducey had convened that court, this is also seen as a way for Democrats to pick up two judges who would not have been picked up under the Hobbs administration,” McWhirter said.

Judge Robert Brutinel recently announced his retirement, so if King and Bolick are voted off the bench, Democratic Gov. Katie Hobbs could put three justices on the court.

“The Democrats haven’t had a choice for the Supreme Court in more than 20 years. That’s a pretty big political calculation,” McWhirter said.

If passed, Prop 137, which ends term limits and retention for Supreme Court and Superior Court judges, would be retroactive.

So if Justices King and Bolick were voted out, but Prop 137 passed, they would maintain their positions on the court.

Do you see a spelling or grammatical error in our story? Click here to report it.

Do you have a photo or video of a current news item? To steer it here for us with a short description.