Arizona voters have reaffirmed their trust in Justice Clint Bolick’s judicial independence and libertarian values, retaining him on the state’s Supreme Court despite recent controversies.
At a Glance
- Justice Clint Bolick retained his seat on Arizona’s Supreme Court with 58% of the vote
- Bolick is known for his libertarian views and co-founded the Institute for Justice
- He faced criticism for a controversial abortion ruling but maintained voter confidence
- Arizona voters also passed Proposition 139, enshrining abortion rights in the state constitution
- A measure to eliminate retention elections was defeated, preserving judicial accountability
Bolick’s Retention and Legal Background
Arizona’s electorate has chosen to retain Justice Clint Bolick on the state’s Supreme Court – and it’s a huge win for freedom lovers. Bolick, a prominent libertarian legal mind, secured his position with 58% of the vote, despite facing opposition due to a controversial abortion decision. This retention underscores the enduring trust in Bolick’s commitment to judicial independence and his libertarian principles.
Bolick’s legal career is marked by his advocacy for civil liberties and educational choice. He co-founded the Institute for Justice in 1991, focusing on the Fourteenth Amendment’s Privileges or Immunities Clause. His influential roles include serving as president and general counsel of the Alliance for School Choice and leading litigation at Arizona’s Goldwater Institute. Appointed to the Arizona Supreme Court in 2016, Bolick made history as the first registered Independent on the court.
Clint Bolick, the libertarian Arizona Supreme Court justice, survived a retention election this week. https://t.co/4LYZ7VIres
— reason (@reason) November 8, 2024
Controversial Rulings and Voter Response
Bolick’s tenure on the court has not been without controversy. He and Justice Kathryn King faced criticism for a ruling on a 2022 abortion law, which did not repeal an older, more restrictive law. This decision sparked debate and led to a campaign against both justices during the retention election.
“Arizona voters chose to keep Clint Bolick, a prominent libertarian legal mind, on the state’s Supreme Court,” Reason magazine reported.
Despite the controversy, Arizona voters demonstrated their faith in the judicial system by retaining both Bolick and King. This outcome reflects a strong adherence to the principle of impartial judicial appointments, a tradition that has been part of Arizona’s election process since 1974 when the state moved from direct elections to gubernatorial appointments from a list of nominees.
Constitutional Amendments and Judicial Independence
In addition to the retention of Justices Bolick and King, Arizona voters made significant decisions regarding the state’s judiciary and constitutional rights. Proposition 139, which amends the state Constitution to recognize abortion as a fundamental right up to fetal viability, was passed. This decision effectively nullifies the controversial ruling that had placed Bolick and King under scrutiny.
“Arizona Supreme Court Justice Clint Bolick, a prominent libertarian legal mind, was retained by voters in Arizona during the recent elections,” Yahoo News reported.
Importantly, voters rejected Proposition 137, which would have given most sitting judges in Arizona de facto life terms. This decision preserves the current system of judicial accountability through retention elections. Bolick himself has emphasized the importance of an independent judiciary, and can now serve until 2027, with Arizona’s mandatory retirement age for judges set at 70.
As Arizona’s judicial landscape continues to evolve, Governor Hobbs is preparing to appoint a replacement for retiring Justice Robert Brutinel, further shaping the composition of the state’s highest court. The retention of Justice Bolick, along with these other developments, signals a commitment to maintaining a balanced and independent judiciary in Arizona, aligned with the state’s constitutional values and the will of its voters.
