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People are understandably excited about statewide votes on abortion, but they could be gutted by a future Trump administration or by conservative judges.constitutional amendments codifying the right to abortion on the ballot this fall—and some could even overturn active abortion bans, like into challenge past restrictions, and they can’t bring back clinics that closed.
Specifically, we should expect challenges arguing that fertilized eggs, embryos, and fetuses are people in the eyes of the law, said Melissa Murray, a professor at New York University School of Law and co-host of thepodcast. “These ballot initiatives ensuring reproductive freedom could be viewed as obviating the rights of the fetus,” Murray said. Personhood lawsuits are “one tactic that could be used to blunt the force of the people.
likely that both Justices Samuel Alito and Clarence Thomas would retire under Trump and be replaced with much younger appointees, cementing the 6-3 supermajority for a generation. Yes, the court could take up a personhood case even if President Biden is re-elected, though it would be riskier politically, both in terms of potential court reform and Republican prospects in 2028.Rebouché said the Supreme Court “absolutely could” undo all ballot measures via some targeted lawsuits.
The real power of ballot measures is contradicting the narrative that Americans do not support abortion rights, or that we are a deeply, entirely fractured country.for pregnancy outcomes. Rebouché said the passage of amendments, and battles over how to interpret them, are “a replay of” at the state level. “There could be a court saying, ‘Sure there’s protection for abortion rights at this broader level, but that doesn’t mean abortion is an absolute right,” she said.
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