Abortion is taking center stage in the race for a seat on the Georgia Supreme Court, as former Democratic U.S. Rep John Barrow challenges incumbent Justice Andrew Pinson.
WABE reported that Barrow has built his campaign almost entirely around promises to keep abortion legal, which critics have said violates judicial codes requiring him to remain impartial.
In response, Barrow has filed a federal lawsuit, claiming that any regulations limiting his ability to share his personal opinions in his campaign violate his First Amendment right to free speech.
Barrow’s campaign this year marks the fourth time he has run for a seat on the state Supreme Court since 2020, but he has never made it to the ballot. Pinson, who has not stated his opinions on abortion, was appointed by Republican Gov. Brian Kemp in 2022.
Prior to filing the lawsuit, Barrow received a judicial ethics complaint, which expressed concern that he stated his views “on highly sensitive disputed legal and/or political issues (which differ from the current state of Georgia law) without also emphasizing the duty of a judge to uphold the Constitution and laws of Georgia.”
The complaint lists seven instances it says Barrow violated the judicial code, including a statement on his website.
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“I’m running because we need Justices on the Georgia Supreme Court who will protect the right of women and their families to make the most personal family and health care decisions they’ll ever make,” Barrow’s website states. “Despite many fine qualities, it’s obvious from his record that the incumbent, Justice Pinson, cannot be counted on to do that.”
The complaint pointed out that justices cannot and should not be expected to protect or fight for selected rights.
Barrow has also posted several statements on Facebook, urging people to vote for him “to keep the rights of healthcare decisions in the hands of women and families!” His campaign commercial reflects similar statements, which earned him more criticism, as it does not promote “public confidence in the independence, integrity, or impartiality of the judiciary.”
A spokesperson for Pinson told WABE that Barrow has ignored Georgia’s judicial ethics code.
“His lawsuit makes clear that his goal is to negatively politicize judicial races and destroy Georgians’ trust in fair and impartial courts,” the spokesperson added.
WABE reported that in Georgia’s contested Supreme Court races, the incumbent has historically almost always won. The only time a challenger won the race against an incumbent was before the Civil War.
WABE added that contested races have previously been apolitical, but the current race between Barrow and Pinson has quickly become partisan thanks to abortion taking center stage.
In early May, several former state justices, Judicial Qualifications Commission officials, and State Bar presidents signed a letter expressing concern about introducing a partisan campaign.
“Judicial candidates are required to stand for election as nonpartisans—after all, justice is not partisan—and they are forbidden by judicial ethics law to make public statements and promises about cases and issues that might come before the court to which they seek election,” the coalition stated, continuing:
If it were otherwise—if judges were permitted to campaign on commitments that they would decide particular cases and issues in particular ways—the courts would become just another political institution, and public confidence in our judicial system would quickly erode. …
There are several contested judicial races on the ballot for the upcoming May 21 elections, including one for Justice of the Georgia Supreme Court. Voters will have the opportunity to demand that our judges be nonpartisan and refrain from making public commitments about how they will decide cases and issues.
According to WABE, Barrow responded to the letter by saying that voters need to know what the justices stand for in order to have confidence in the judiciary.
Barrow is supported by pro-abortion groups, including Planned Parenthood Southeast Advocates. Pro-life groups, including the Georgia Life Alliance, are concerned about the judiciary becoming biased and politicized.
The outcome of the race will be determined by elections on May 21.
LifeNews Note: Hannah Hiester writes for CatholicVote, where this column originally appeared.
