This year, everyone in the state has the chance to vote on retaining Justices Clint Bolick & Kathryn King. Both justices are members of the Federalist Society and have a history of dangerous decisions that have major implications on public education and other key issues well beyond this year’s abortion ruling:

Visit Gavel Watch for more information on judges

In 2022, Justices Bolick & King joined the Court’s decision to toss former Gov. Ducey’s “flat tax” from the ballot after SOSAZ, AEA, Stand for Children and other education advocates gathered hundreds of thousands of signatures to let Arizona voters weigh in on the measure. 5 justices sided with Bolick’s former Goldwater Institute, which argued that tax measures are “immune from repeal by voters.” Now, the flat tax has created a $1.8 billion budget deficit.
In 2019, Justice Bolick joined the Court’s 4-3 decision in the now infamous Brush & Nib case, which created a legal precedent allowing businesses to discriminate against LBGTQ+ persons that was upheld by the US Supreme Court. 

In 2021, Justice Bolick decided to overrule a lower court’s decision on Prop 208, a major 2021 citizen-powered initiative to tax wealthier Arizonans and provide more than $800 million in funding to public education. The ruling that it was likely “unconstitutional” abandoned the court’s own precedent regarding severability to reach the desired outcome, as noted by Justice Ann Timmer in her dissent, granting lawmakers more power to undermine voter-approved measures they disapprove of.

Further, it’s important to note Bolick held extreme, anti-public education positions prior to becoming a judge. He was VP of Litigation for the libertarian Goldwater Institute, he founded the right-wing Institute for Justice, and he worked to establish and litigate the diversion of public funds to private schools through voucher programs alongside Betsy DeVos. 
Rejecting these justices would give Gov. Hobbs
two AZ Supreme Court appointments in January.

We also recommend a NO vote on Prop 137, which would eliminate voters’ ability to weigh in on judges through retention elections, stripping our right to hold them publicly accountable.

For more judicial retention recommendations, please visit Civic Engagement Beyond Voting’s Gavel Watch website: