A former Democratic Georgia congressman hopes abortion can power his state Supreme Court bid

HOSCHTON, Ga. -- May's election for the Georgia Supreme Court is playing retired arsenic races for the state's highest tribunal person for decades: sitting justices moving uncontested.

But determination is an exception, and it's driven by the contented that has roiled authorities crossed the state for the past 2 years: abortion.

Justice Andrew Pinson is the lone 1 of 4 incumbents seeking predetermination to gully a challenge, and it's a formidable one. Former U.S. Rep. John Barrow, a Democrat, hopes to harness a elector backlash to termination restrictions to unseat Pinson successful what could beryllium a exemplary for aboriginal Georgia tribunal contests successful a authorities that has go a partisan battleground.

The May 21 wide predetermination for a six-year word is nonpartisan, and a Barrow triumph wouldn't alteration the blimpish leanings of the court. Eight of the 9 justices, including Pinson, were appointed by Republican governors. The different won his spot unopposed aft being appointed to a authorities appellate tribunal by a Democratic governor.

Barrow's bid is seen arsenic a longshot. Pinson, appointed 2 years agone by Republican Gov. Brian Kemp, appears to beryllium raising much run wealth arsenic the state's ineligible constitution closes ranks astir him.

But Barrow hopes a elector backlash against Georgia's near-total termination prohibition is the way to an upset.

In talks chiefly to Democratic groups, Barrow says that erstwhile Pinson was Georgia’s solicitor general, helium was the lawyer astir liable for the authorities supporting the Mississippi lawsuit that led to the U.S. Supreme Court overturning a law close to termination successful 2022.

That determination cleared the mode for a 2019 Georgia instrumentality to instrumentality effect banning astir abortions aft fetal cardiac enactment tin beryllium detected, usually successful astir the sixth week of pregnancy. That’s earlier galore women cognize they are pregnant.

At an April 15 Democratic gathering successful a status assemblage northeast of Atlanta, Barrow attacked Pinson’s erstwhile rank successful the Federalist Society and his word arsenic a clerk for Supreme Court Justice Clarence Thomas, drafting boos from the 50 attendees.

Barrow said helium believes Georgians person a authorities law close to termination and that voters would boost their chances of restoring broader entree to termination by doing thing they've ne'er done before: defeating an incumbent authorities justice.

“I hap to judge that the Georgia Constitution does supply a close of privacy, and that encompasses everything that we subordinate with what was the instrumentality nether Roe vs. Wade. And past it’s astir apt wider,” Barrow said. “That would mean the existent statute, the existent prohibition we’re surviving with close now, violates that proviso of the Constitution.”

Opponents of the six-week prohibition are challenging it successful authorities court, arguing Georgia’s unusually well-developed instrumentality protecting privateness should void it. That lawsuit is astir surely headed backmost to the Georgia Supreme Court

Pinson said it would beryllium inappropriate to sermon his views connected termination oregon different topics that mightiness travel earlier the court.

“If judges commencement talking astir issues successful cases that travel earlier the court, oregon that could travel earlier the tribunal and opine, ‘Personally, I deliberation this; personally I deliberation that,’ man, it conscionable starts chipping distant astatine people’s assurance successful our judiciary,” Pinson said successful an interview.

State ultimate tribunal races person go much costly successful caller years arsenic courts person weighed issues similar governmental gerrymandering. The U.S. Supreme Court determination overturning the close to termination has enactment those races nether adjacent greater scrutiny successful the past 2 years arsenic the divisive contented has returned to the states.

Public polling shows the bulk of radical successful the U.S. enactment a close to abortion, and voters person affirmed termination rights successful 7 states implicit the past 2 years since Roe v. Wade was overturned, including successful Republican-leaning states specified arsenic Kentucky, Montana and Ohio.

Douglas Keith, who tracks authorities ultimate courts for the Brennan Center for Justice astatine New York University, said wealth has poured into races from groups connected the near and right, creating contests similar the 1 past twelvemonth successful Wisconsin. There, a wide justice backed by Democrats flipped the tribunal aft defeating a erstwhile justness supported by Republicans and anti-abortion groups successful the astir costly authorities Supreme Court contention ever.

“We are seeing wealth similar we’ve ne'er seen earlier successful these races. Candidates and groups are adopting messages that they’ve ne'er utilized successful judicial elections before, and there’s conscionable mostly much attraction connected these races," Keith said.

Pinson, 37, graduated archetypal successful his instrumentality schoolhouse people astatine the University of Georgia and served 4 years arsenic solicitor general, helping Georgia triumph a long-running h2o rights dispute. Kemp named Pinson to the authorities Court of Appeals successful 2021 and elevated him to Georgia's precocious tribunal a twelvemonth later. Many lawyers, including immoderate Democrats, person endorsed him for election.

Meaningful electoral challenges to sitting Georgia judges are rare. Anthony Michael Kreis, a instrumentality prof astatine Georgia State University, said that reflects a “small nine dynamic” prevailing wrong Georgia’s ineligible establishment.

“I conscionable deliberation that we’re dealing with a benignant of old-school mentality, wherever radical don’t truly privation to prosecute successful the benignant of partisan warfare implicit judicial seats similar we’ve seen successful immoderate different states,” Kreis said.

Barrow, 69, served 5 presumption successful Congress and for a clip was the lone achromatic Democratic typical from the Deep South. He yet mislaid successful 2014 aft Republicans gerrymandered his territory a 2nd time. In 2018, helium narrowly mislaid a statewide contention for Georgia caput of authorities to Republican Brad Raffensperger.

Although justices are elected, the signifier has been for a justness to resign and fto the politician name a successor. A recently appointed justness past gets 2 years connected the seat earlier facing voters.

Barrow was denied a accidental to tally successful 2020 aft a justness announced helium would resign aft the predetermination day earlier his word ended. A situation arguing the predetermination should beryllium held anyhow was rejected. Barrow calls the strategy of appointments “dysfunctional” and pledges that if elected helium volition fto voters take his replacement.

“If the voters springiness maine the office, I’m going to springiness it backmost to the voters,” helium said.

While his triumph wouldn't alteration the wide governmental creation of the court, Barrow said it would nonstop the state's justices a connection connected termination rights. He referenced the determination earlier this twelvemonth by the Alabama Supreme Court that declared frozen embryos created done successful vitro fertilization could legally beryllium considered children and an Arizona Supreme Court determination earlier this period reviving an termination prohibition from 1864, earlier Arizona was a state.

“We’re getting an acquisition close present each crossed the state arsenic to however important the bureau of authorities ultimate tribunal justness is," Barrow said.