CHICAGO — This week, court decisions in Texas and Georgia have dealt significant setbacks to reproductive rights, prompting Democrats to capitalize on these developments as they seek to motivate voters who advocate for access to abortion.
Activists believe these rulings will highlight the critical stakes in a post-Roe environment, especially as the presidential election approaches, which has been significantly influenced by diverging perspectives on abortion rights and the often distressing outcomes for women in states that enforce strict abortion laws.
“The consistent stream of alarming news portrays the reality of the situation and energizes voters whenever our opponents claim that their policies are not as severe as portrayed. This reality boosts our efforts,” stated Kelly Hall, the executive director of the Fairness Project, which is financially and logistically supporting several ballot measures aimed at maintaining or enhancing abortion rights.
On Monday, the U.S. Supreme Court upheld a lower court ruling that prohibits emergency abortions that conflict with Texas law. Concurrently, the Georgia Supreme Court interrupted a previous ruling that had invalidated the state’s near-total ban on abortion.
Vice President Kamala Harris used this moment to remind voters of the dangers posed to reproductive rights by a possible second Trump administration and his part in reversing Roe v. Wade, which established a federal right to abortion. Trump has often claimed credit for appointing the three Supreme Court justices who played pivotal roles in overturning what had been a protected right for half a century.
“Due to stringent Trump-aligned abortion bans across numerous states, including Texas, Louisiana, and Georgia, women are facing dire consequences for their health and lives — including fatalities,” Harris tweeted. “Let me be clear: Donald Trump is the architect of this healthcare crisis.”
These recent rulings are the latest in a series of legal decisions affecting reproductive rights, which have rippled through this election year for both the presidential and congressional races. Earlier in February, the Alabama Supreme Court determined that embryos can be recognized as children, causing a temporary halt to in vitro fertilization treatments, which drastically affected the lives of couples seeking such assistance.
Additionally, in April, the Arizona Supreme Court upheld an almost total abortion ban dating back to 1864 when Arizona was still a U.S. territory. While the state legislature repealed this ban a few months later, the controversy surrounding it motivated supporters of abortion rights in this crucial state that will influence both presidential and Senate elections.
Kristi Hamrick, a spokesperson for the national anti-abortion organization Students for Life Action, criticized Democrats for “seizing on any developments and deflecting blame for their losses in a frantic effort to capture votes.” She expressed her satisfaction with the two recent rulings, hoping they will energize voters against abortion rights.
“These wins are promising, and we hope they inspire momentum behind our cause,” she said.
In Texas, the state’s stringent abortion restrictions have impacted the Senate race between incumbent Republican Sen. Ted Cruz and Democratic U.S. Rep. Colin Allred. Just before the latest rulings, Allred affirmed his commitment to restoring Roe v. Wade during a campaign rally in Fort Worth.
Other Texas Democrats, like Rep. Donna Howard, also voiced their outrage following the decisions. Howard accused the courts of “ignoring the grave realities that many pregnant Texans face when confronted with severe complications during pregnancy.”
Meanwhile, in Georgia, the state’s supreme court ruling has come amidst public outcry over the tragic deaths of two women, Amber Nicole Thurman and Candi Miller. Both women died after being denied timely medical care, an unfortunate circumstance attributed to the state’s restrictive abortion laws.
Jessica Arons, director of policy and government affairs at the ACLU, expressed that Georgia voters are likely to consider the implications of these regulations as they head to the polls during the presidential election. She added that such headlines might motivate voters in numerous races, including citizen-led ballot measures across nine states seeking to uphold abortion rights.
Polling data indicates that support for legal abortion has increased since the Supreme Court removal of protections two years ago. A survey conducted in July revealed that approximately 60% of Americans believe their state should typically allow individuals to access legal abortion if they do not wish to continue with a pregnancy. This marks a rise from about half of Americans who held this belief in June 2021, prior to the Supreme Court’s decision.
Experts attribute this shift to the reactions of Americans to the various abortion restrictions that have spread across the country since Roe v. Wade was overturned. Presently, 13 states impose abortion bans at any stage of pregnancy, while an additional four states restrict the procedure after six weeks, a time frame that precedes many women’s realizations of their pregnancies.
“It is difficult to gauge how much voters are aware of each development, but the importance of abortion remains glaring, and these recent events serve as reminders as the November elections approach,” Arons remarked. “As legal systems and politicians continue to be inconsistent regarding women’s rights, ballot measures will play an essential role.”
Only about half of U.S. states permit citizen-initiated ballot measures, and neither Georgia nor Texas—where Republicans hold both legislative and gubernatorial power—falls into this category.
Lauren Brenzel, campaign director for a coalition striving to secure abortion rights within the Florida Constitution, mentioned that the Georgia Supreme Court ruling exacerbates a “public health crisis in the Southeastern United States.”
As the only state in the Southeast allowing citizen-led ballot initiatives, Florida could become a significant access point for Georgians seeking abortions if voters support a measure promoting abortion rights. For the amendment to pass, it requires at least 60% approval.
“This increases the stakes for us in Florida,” Brenzel said.
Following the Arizona Supreme Court’s reinstatement of the nearly total abortion ban from the Civil War era, a coalition alongside a statewide ballot measure looking to protect abortion rights reported an increase in donations, volunteers, and public interest. Laura Dent, the coalition’s political director, observed that voters are clearly engaged and mobilizing.
“Arizonans are aware of these developments,” she said. “This chaotic legal environment, especially since the Dobbs decision, highlights the necessity of safeguarding this right, and I believe this will be evident in the upcoming elections.”
