WASHINGTON — Advocates for abortion rights achieved victory on seven ballot measures across various states in the recent election, while experiencing defeats on three others.
The defeats mark a significant turning point, being the first losses on state-level reproductive rights measures since the Supreme Court’s decision to overturn Roe v. Wade in 2022, which dismantled the nearly half-century federal right to abortion. This outcome indicates that those against abortion can successfully influence ballot measures.
Conversely, there were notable successes for abortion rights proponents. Three amendments aimed to reverse existing abortion restrictions, one of which emerged from Missouri, where an all-stage pregnancy ban exists with limited exceptions, primarily to protect the woman’s life.
In Missouri, a significant step continues as Planned Parenthood of the Great Plains has initiated a legal challenge against the state’s comprehensive abortion ban. They filed to invalidate this ban and other related laws regulating abortion care. The recent legislative amendment in Missouri, effective December 5, does not directly repeal existing laws but empowers advocates to seek legal intervention to challenge those laws deemed unconstitutional.
Before the implementation of the ban in 2022, abortion clinics in Missouri had already ceased operations, citing an array of stringent regulations that hindered their ability to provide services. According to their legal assertion, these burdens include requirements for clinicians to have surgical credentials and to perform pelvic examinations on patients, even when offering only medication abortions. Dr. Selina Sandoval, an associate medical director with Planned Parenthood, expressed strong opposition to the unnecessary exams, emphasizing patient choice regarding their care.
Moreover, advocates object to stipulations requiring clinicians to secure admitting privileges at nearby hospitals, the imposed 72-hour waiting period, and the prohibition on telemedicine for abortion services. Alongside the total ban on abortion, Planned Parenthood seeks the invalidation of additional restrictions that would come into effect after eight, 14, 18, and 20 weeks of pregnancy.
Support for abortion rights remains strong among voters, with recent victories seen as an indicator of this trend, even in states known for conservative values. The three states where measures were rejected had unique dynamics: in Florida, for example, a constitutional amendment requires 60% approval to pass, yet support fell short despite a majority favoring the addition of abortion rights.
In South Dakota, the defeated measure aimed to allow state regulation of second-trimester abortions specifically for women’s health, but it did not garner the support of major national abortion rights organizations, which may have influenced its failure. Meanwhile, in Nebraska, voters opted for a measure that upheld bans after the first 12 weeks, while also dismissing an initiative to constitutionally protect abortion rights until viability.
The strategy of placing competing measures on ballots has drawn criticism from abortion rights advocates, who view it as an intentional effort to mislead voters. Similar tactics are being considered by anti-abortion groups in other regions.
In the political arena, the return of Donald Trump to the presidency raises questions about future abortion policies. Although Trump vowed to veto a nationwide ban, his administration’s influence has already shaped the abortion debate through judicial appointments that contributed to the overturning of Roe v. Wade. Furthermore, Trump-nominated judges have made significant rulings affecting access to abortion medication like mifepristone.
Presidential executive actions could also impact access to abortion pills and regulations concerning emergency medical situations related to abortion care. With the potential for a Republican majority in both houses of Congress, discussions about “minimum national standards” for abortion restrictions may gain traction, which could reshape the overall landscape.
Interestingly, the presence of ballot measures appears to have propelled some Democratic turnout during elections, although that strategy did not consistently translate into victories across other races. In Republican strongholds like Missouri and Montana, abortion rights protections were approved, yet the GOP maintained control in presidential and Senate races.
Moreover, in conservative Idaho, opposition to local anti-abortion measures has emerged. In Amarillo, Texas, voters decisively rejected a proposal intended to dissuade travel for abortion care outside the state, highlighting a desire among constituents to ensure access to necessary health services. Considering the deeply politicized nature of abortion in America, these recent developments indicate a complex and evolving dialogue on reproductive rights across the country.