Anti-Abortion Justice to Hear Case Deciding Abortion Legality in Arizona

Abortion rights protesters chant during a rally at the U.S. District Court of Arizona in Tucson, Arizona, on July 4, 2022.

In 2012, while defending a 20-week abortion ban, Montgomery argued that abortion should be totally banned, citing “the inherent human dignity in a life at the moment of conception,” remarksIn 2016, Montgomery also received a $1,000 donation from Cathi Herrod, the head of as anti-abortion organization Center for Arizona Policy, which was disclosed in a campaign finance report.

Still, Montgomery’s remarks are noteworthy, said Meriam Seifter, a professor of law at the University of Wisconsin-Madison, pointing to his specific remarks against Planned Parenthood. That specific public animus toward a party in the case, rather than toward abortion in general, could strengthen the argument in favor of his recusal.

In Ohio, where the Supreme Court is weighing the constitutionality of a six-week ban, Justice Pat DeWine is the son of Republican state Gov. Mike DeWine, whowas overturned — said in judicial candidate questionnaires by the organization Cincinnati Right to Life that the U.S. Constitution did not include a right to an abortion, statements that prompted criticism from Ohio legal ethics scholars.

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