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Arizona Supreme Court judge recuses himself from upcoming abortion case

Thousands of protesters march around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision Friday, June 24, 2022, in Phoenix. The Supreme Court on Friday stripped away women’s constitutional protections for abortion, a fundamental and deeply personal change for Americans' lives after nearly a half-century under Roe v. Wade. The court’s overturning of the landmark court ruling is likely to lead to abortion bans in roughly half the states.
Ross D. Franklin
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AP Photo
Thousands of protesters march around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision Friday, June 24, 2022, in Phoenix.

An Arizona Supreme Court justice says he won’t participate in an upcoming hearing that will determine whether abortion can remain legal in the state or if a near-total ban should take effect.

Bill Montgomery made multiple public statements about Planned Parenthood – one of the parties in the case — before his appointment to the bench.

He wrote that Planned Parenthood is responsible for “generational genocide” in a 2017 Facebook post and participated in a protest outside the organization's local headquarters.

Planned Parenthood’s attorneys asked Montgomery to recuse himself, arguing that his statements were evidence of prejudice.

Montgomery initially denied the request. But on Thursday he said he changed his mind after “additional information” came to his attention. He didn’t provide further explanation.

Oral arguments in the case are scheduled for Dec. 12.