Court candidate sues to block rules

ATLANTA — A former Democratic congressman running for Georgia State Supreme Court filed a federal lawsuit Monday claiming a state agency is unconstitutionally trying to block him from talking about abortion.

John Barrow sued hours ahead of a deadline to reply to a complaint that he is violating state judicial ethics rules and that he must bring his campaign ads into compliance with state rules. Among the rules the Georgia Judicial Qualifications Commission complaint alleges Barrow is violating is one that bars candidates from making commitments about how they will rule on issues that are likely to come before the high court.

Early voting is ongoing in the nonpartisan May 21 election between Barrow and Justice Andrew Pinson, who was appointed to the nine justice court in 2022 by Republican Gov. Brian Kemp. Incumbent justices in Georgia almost never lose or face serious challenges. The three other justices seeking new six-year terms are unopposed.

Facing that uphill battle, Barrow has made abortion the centerpiece of his campaign, saying he believes Georgia’s state constitution guarantees a right to abortion that is at least as strong as Roe v. Wade was before it was overturned in 2022.

Barrow has said the attempt to muzzle him violates his First Amendment right to free speech and his 14th Amendment right to equal protection under a 2002 U.S. Supreme Court decision that found Minnesota couldn’t forbid candidates from announcing their views on legal and political issues.

“The U.S. Supreme Court has ruled that I have the constitutional right to speak my mind on the issues. And that’s just what the Code of Judicial Conduct says,” Barrow said in a statement Monday.