Every state that has put abortion on the ballot has voted to ensure the procedure is protected in some way, including Republican-leaning Kentucky. Voters there rejected a measure that sought to deny any constitutional protections to abortion.
Abortions are still banned in the state, but the defeat of the ballot measure could give advocates challenging the law in court an opening to overturn it. If the measure had passed, it would have amended the state constitution to clarify that it does not protect the right to an abortion, effectively making legal challenges to the law impossible.
In Michigan, voters overwhelmingly approved a measure to add language guaranteeing abortion rights to the state constitution.
Abortion is legal in the state, but only because of temporary orders from judges. If the measure had failed, there was the possibility that a 1931 law banning abortion without exceptions, including rape or incest, and making abortion a felony would go into effect.
Michigan Gov. Gretchen Whitmer (D) won re-election Tuesday as a champion of abortion rights and characterized the state as a haven for people who live in neighboring states like Indiana and Ohio that have strict abortion limits.
“Abortion was, is, and will remain legal in Michigan,” Whitmer wrote Wednesday.
In Pennsylvania, Governor-elect Josh Shapiro (D), who won his race by double digits, has vowed to veto any anti-abortion legislation. Democrats were also on track to win control of the state House of Representatives, which would effectively block state Republicans from introducing a constitutional amendment banning abortion.
Abortion rights advocates were galvanized earlier this summer when voters in Kansas rejected an attempt to strip abortion protections from the state constitution, the first statewide vote on abortion since the Supreme Court’s decision.
They saw a second victory the following month when Democrat Pat Ryan, who campaigned almost exclusively on abortion rights, won a special election for the US House in New York. But in the months since, the economy has eclipsed abortion as the issue voters care about most, according to polls, and the conventional wisdom has become that abortion would not be enough to propel Democrats to victory.
Advocates said Tuesday’s results show what happened in Kansas was no fluke, and they want to make Michigan a bellwether.
This election cycle is the first time abortion rights groups have sponsored state ballot measures since 1992. According to data from Ballotpedia, 85 percent of abortion-related measures on state ballots have been proposed by anti-abortion groups. abortions.
“We now see a clear path forward to defend the right to choose: through ballot measures,” said Kelly Hall, executive director of the Fairness Project, a progressive group that helps organize ballot measures.
“When voters have the opportunity to decide on this issue, they choose to protect their rights. Everyone deserves access to reproductive care, and we look forward to building on this momentum to pass measures to protect abortion rights where we can,” Hall said in a statement.
Sarah Standiford, director of national campaigns at the Planned Parenthood Action Fund, said the Supreme Court decision was fresh in the minds of voters. They were angry about the loss of abortion rights, and she doesn’t see that changing.
“The momentum changed after the Supreme Court ended a federal right to abortion, and that wave of anger and energy fueled interest in the election and led to increases in voter registration, higher turnout, resounding victories, starting in Kansas and special elections. . the summer and what happened [Tuesday]Standiford said.
“We will continue to promote and accelerate this interest. “Voters overwhelmingly believe that personal, private medical decisions should be made by themselves, their families and their doctors, not by politicians,” Standiford said.
According to the Kaiser Family Foundation, more than half of Democratic voters as well as women voters under 50 said the Supreme Court’s overturning of Roe had a “big impact” on the candidates they voted for.
An NBC News exit poll found that 61 percent of voters said they were unhappy or angry that the Supreme Court overturned Roe with its June decision in Dobbs v. Jackson Women’s Health Organization. Of that group, 71 percent identified as a Democrat.
Advocates said concern for abortion rights transcends political parties.
“In Kansas, there was no way we could get to 50 percent without a coalition that included Republicans and independent, independent voters,” said Minnie Timaraju, president of NARAL Pro-Choice America.
“Abortion has been a driving issue for our base, but also for some independents and even some suburban Republican women. … Republicans would be very, very smart to pay attention to that, not to push blatant abortion bans in states where they think they have an advantage,” Timaraju said.
Maya Rupert, a senior executive at the Center for Reproductive Rights, said abortion access should no longer be seen as an issue only for Democrats.
“For too long, we’ve talked about abortion as if it were this kind of uniquely partisan issue. And what the voters are showing us is that it’s not,” Rupert said. “Across the country, across states, geographies and party lines, when abortion was on the ballot, people voted for it, for access.”
On the other side of the issue, one of the leading anti-abortion groups is also looking ahead to 2024.
Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said the anti-abortion movement is much more successful when there is a strong candidate to personify the message, rather than a ballot measure.
Dannenfelser said Republicans knew Democrats would be energized by the Supreme Court’s ruling and that the candidates should have embraced it.
Defense and National Security — Russia Says It’s Backing Out of Kherson, West Not So Sure About Money — The Economic Impact of a Small GOP Majority
The Supreme Court’s ruling has resulted in a patchwork of state laws across the country, some of which are adjudicated on an ever-changing basis.
Melissa Fowler, program director at the National Abortion Federation, said she was encouraged by the interim results, but managing the fallout after Roe will take time.
“It’s going to take more than one election or any court decision to really undo the damage we’ve seen since Dobbs and build a future where there’s even more access than there was before Roe v. Wade,” said Fowler. .