Former Democratic Rep. John Barrow, who is seeking a seat on the Georgia Supreme Court, has filed a lawsuit asking a federal court to block a state board from sanctioning him for statements he’s made in support of abortion rights during his campaign.
Barrow has made abortion the centerpiece of his bid to unseat conservative Justice Andrew Pinson, who is up for reelection for a six-year term on May 21.
“Now I’m running for the Georgia Supreme Court to protect our personal freedoms,” says Barrow in a recent TV ad, “including the freedom of women to make their own medical decisions like abortion fertility and birth control politicians.”
But Georgia’s Judicial Qualifications Commission has taken exception to these types of comments, saying that they violate the state’s Code of Judicial Conduct. Among other things, the commission charged in a letter obtained by the Atlanta Journal Constitution that Barrow had “made pledges/promises/commitments related to highly sensitive cases/controversies/issues which are likely to come before the Georgia Supreme Court,” in violation of the code.
The board demanded Barrow cease making such statements and remove offending materials from his campaign website and advertising. Barrow says in his suit that, should he fail to comply, he could face a variety of sanctions, up to and including disbarment.
But these restrictions and threats, Barrow argues, violate his First Amendment rights. He therefore wants the court to declare that the rules in question are unenforceable. Barrow’s approach on the campaign trail closely resembles that of Janet Protasiewicz, who stressed her belief that “women should have the freedom to make their own decisions on abortion” in ads for her successful campaign for the Wisconsin Supreme Court last year.
