Control of the presidency and Congress weren’t the only important topics on the agenda this week. In Arizona, voters chose to keep Clint Bolick, a prominent libertarian jurist, on the state Supreme Court. Arizona judges face periodic retention elections that are usually routine matters, rarely resulting in the loss of their seat. This year, however, Bolick and another judge were targeted after a controversial abortion ruling; despite the campaign waged against them, both achieved victory.

Co-founder of the Institute for Justice

Bolick is probably best known beyond Arizona as a co-founder, along with late Chip Mellorfrom the Institute for Justice (IJ) in 1991. The mandate of the organization chronology notes that it started small, “with Chip Mellor, Clint Bolick, Scott Bullock and two other staffers.”

“When Chip and Clint established the Institute for Justice in 1991, their most ambitious goal was to resurrect the Privileges or Immunities Clause of the Fourteenth Amendment as the primary source of protection of individual rights against state and local governments , including in particular the right to professional freedom” Clark Neily, a former IJ staff member, wrote for the Cato Institute following Mellor’s death last month.

Earlier in Bolick’s career, I corresponded with him briefly (not that Bolick remembers) after reading his 1990 book, Unfinished Business: A Civil Rights Strategy for America’s Third Century. This book helped solidify my decision to go to law school and the path I wanted to take as a lawyer.

Through no fault of Bolick, I dropped out of law school to pursue other pursuits, which ultimately led to what I do now. Bolick himself left IJ to become president and general counsel of the Alliance for School Choice, where he advocated for educational freedom.

In 2007, Bolick joined the Goldwater Institute in Arizona, where he led litigation efforts. “Bolick managed to gain historical precedents in defending school choice, free enterprise, private property rights, and challenging corporate subsidies and racial classifications,” according to a report. Profile 2014 by City hall’This is Rachel Alexander.

In 2016, Bolick said ReasonAccording to Damon Root, his favorite case was a lawsuit that inspired first Texas, then Congress, to pass “legislation prohibiting public entities from discriminating in adoption placement,” with a particular emphasis on the prohibition of racial considerations.

An immediate target for the Arizona Supreme Court

That year, Republican Doug Ducey, then governor of Arizona, appointed Bolick to the state Supreme Court, he became the first registered Independent on this body, and almost certainly the first to sport a scorpion tattoo in hand, celebrating a victory in a tattoo studio’s free speech case. The court’s caseload covers everything from mundane legal questions to First Amendment issues and eminent domain. Bolick compiles his decisions, whether majority, concurring or dissenting, online for easy reading.

“I am particularly passionate about our state’s constitution and have written opinions defending, among other things, its guarantees of speech and privacy,” he said. wrote in the Arizona Republic last summer.

Arizona requires judges to go through periodic retention electionstwo years after their appointment, then every six years thereafter. As an associate justice with a history of libertarian legal positions, Bolick was immediately targeted by hostile groups. The National Education Association I wanted it removed from the court because of his support for school choice. He survived his first retention election in 2018 with 71 percent of the vote.

A controversial decision on abortion

This year, Bolick and Justice Kathryn Kingwho is running in her first retention election, have been targeted for their decisions in a highly controversial abortion case. As the US Supreme Court returns the issue of abortion to the states in 2022 Dobbs v. Jackson Women’s Health Organization decision, state lawmakers rushed to pass laws either by protecting or restricting access to the procedure.

Shortly before DobbsArizona legislation passed allowing abortions up to 15 weeks, and then only in cases of medical emergency. But the state Already There was a law in place, dating back to 1864, during the territorial era, that was much more restrictive. He was effectively suspended during the Roe deer era, when the United States Supreme Court decision protected abortion from restrictions, but was revived by Dobbs. The state Supreme Court considered whether the 2022 law was written to supersede the 1864 law. The majority opinion, joined by Bolick and King, held that the newer law does not not repeal the precedent.

It was not a political decision, but a whether legislators had drafted their legislation competently. This was not the case.

“In a poignant historic moment, my lawmaker wife immediately joined the effort to overturn our decision,” Bolick said. note in this Arizona Republic piece, referring to his wife Shawnna, a state senator. “This has not caused any marital discord because she is a policy maker and I am not.”

But many people are more interested in results than in how those results are achieved – and it doesn’t matter that the legislature has corrected its mistake by repealing the Territorial Era Act. Abortions were further protected in this week’s election when Arizona voters pass Proposition 139, amending the State Constitution to clarify that abortion is a fundamental right and permitted until fetal viability. Arizona Secretary of State vote count Proposition 139 currently drops from 61 percent to 39 percent.

Victory with the voters

The same tally has Arizona Supreme Court Justice Clint Bolick retaining his seat 58 percent to 42 percent (King won by a similar margin).

A ballot measure that would have eliminated retention elections, Prop. 137, was massively defeated77 percent to 23 percent.

“Dear friends, I am honored to have the opportunity to serve three more years on the best Supreme Court in the United States,” Bolick responded to the results on Facebook. “I am beyond grateful for your votes, your support and your prayers. It was so important to win to preserve an independent judiciary in Arizona, and it appears we did it decisively. I couldn’t have best friends and colleagues!!”

The mandatory retirement age for judges in Arizona is 70, so Bolick can serve until 2027 and will not face another retention election. That means the libertarian Arizona Supreme Court justice will be with us for a few more years. The people of the state can only hope that he will be replaced by someone with a comparable record of freedom struggle.