What you should know about abortion, assess the proposals to keep it on the ballot

PHOENIX (AZFamily) – Abortion is on the ballot in several ways this election.

There's Prop 139, which would enshrine the right to abortion in the state constitution.

Additionally, two Arizona Supreme Court justices who decided to reinstate an 1864 law that banned almost all abortions in Arizona are up for retention.

Ultimately, Proposition 137 seeks to change the way judicial elections work in the first place.

There are signs and advertisements campaigning for or against Justices Clint Bolick and Kathryn King, two of the four key votes that will allow the state to enforce the pre-Civil War abortion ban.

“The only reason their jobs are essentially at stake is because of their vote on the 1864 law,” said constitutional law expert Robert McWhirter.

In Arizona, judges are appointed by the governor and each judge can serve for two years after their appointment and every six years thereafter.

“If you believe in the independence of the judiciary, you should not lose judges or vote against judges based solely on their rulings,” McWhirter said.

McWhirter says that while it's fair for voters to have feelings about judges' decisions, it's important to note that it's their job to interpret the law, not to side with their own opinions.

“It's going to be a very dangerous and rocky road if you start voting judges out of office just because you don't like their rulings,” he said.

READ MORE: A look at who decided Arizona's abortion ban

But McWhirter says many judges are appointed by governors who want to fill the court with people who interpret the law within the framework of a particular philosophy or ideology.

“Because (former) Gov. (Doug) Ducey had filled this court, this is also seen as an opportunity for Democrats to appoint two justices who would not have been appointed under the Hobbs administration,” McWhirter said.

Judge Robert Brutinel recently announced his retirement. So if King and Bolick are voted off the bench, Democratic Gov. Katie Hobbs could appoint three justices to the court.

“Democrats haven’t had a Supreme Court pick in over 20 years. That’s a pretty big political calculation,” McWhirter said.

If passed, Prop 137, which repeals term limits and retention for state Supreme Court justices and higher court judges, would be retroactive.

So if Justices King and Bolick were voted out but Prop 137 passed, they would retain their positions on the court.

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