By Carrie Baker for Ms. Magazine.
Broadcast version by Nadia Ramlagan for Kentucky News Connection reporting for the Ms. Magazine-Public News Service Collaboration

Overturning Roe v. Wade in June, the Supreme Court declared that "the authority to regulate abortion is returned to the people and their elected representatives." But with rampant voter suppression and gerrymandering on the rise-greenlit by the Supreme Court-these "elected representatives" often do not fairly represent the people. This makes ballot initiatives an increasingly important avenue for ensuring women's rights against the extremism of ruby red legislatures. Just look at Kansas.

On Aug. 2, Kansas primary voters overwhelmingly rejected a proposed constitutional amendment that would have allowed the Republican-dominated state Legislature to severely restrict access to abortion. The amendment was a response to a 2019 state Supreme Court decision in Hodes & Nauser v. Schmidt, which established that the Kansas Bill of Rights includes a right to abortion. The amendment would have overturned this decision and declared that "the constitution of the state of Kansas ... does not create or secure a right to abortion."

Some 59 percent of voters cast ballots against the proposed amendment in an election with a strong turnout-especially among Democrats and Independents-compared to the 2018 midterm primary. This despite the fact that there were no heavily contested Democratic primary races that would have pulled in their votes, and Independents in Kansas are not allowed to vote in partisan candidate races.

In the November elections, there will be five more ballot measures on abortion across the U.S.-the most on record for any single year.

Constitutional Amendment 2 would amend Kentucky's Bill of Rights to declare that there is no state constitutional right to abortion. Supporters backed the measure to forestall Kentucky courts from making a ruling similar to the Kansas Supreme Court's Hodes decision.

Protect Kentucky Access is leading the campaign against the amendment. "Healthcare and the right to bodily autonomy are basic human rights," said Tamarra Wieder, Kentucky state director of Planned Parenthood Advocates of Indiana and Kentucky. "This constitutional amendment puts tens of thousands of Kentuckians' access to safe, legal abortion at risk, and inserts the government into our individual, personal healthcare decisions. Abortion is healthcare and is a core component of social and economic equality for individuals, their families and their communities."

Another anti-abortion measure will appear on the midterm ballot in Montana, declaring that "infants born alive at any stage of development are legal persons" and punishing healthcare providers with civil penalties and up to 20 years of jail time if they do not provide medical care. Currently, Montana law requires medical care only if an infant is viable.

By contrast, three states have ballot measures that would add explicit protections for abortion to state constitutions. While courts in nine states have ruled that provisions related to privacy or personal autonomy secure the right to abortion, and other states have guaranteed this right through statute, no state currently provides an explicit constitutional protection for abortion. Voters in Vermont, California and Michigan have the opportunity to change that.

In Vermont, voters will decide on Proposal 5, the Right to Personal Reproductive Autonomy Amendment to the Vermont Constitution, which states that "an individual's right to personal reproductive autonomy is central to the liberty and dignity to determine one's own life course." The amendment would prohibit this constitutional right from being "denied or infringed unless justified by a compelling State interest achieved by the least restrictive means."

In California, voters will weigh in on Proposition 1, the Right to Reproductive Freedom Amendment, which would revise the California Constitution to forbid the state from interfering with or denying "an individual's reproductive freedom ... which includes their fundamental right to ... have an abortion and ... contraceptives."

Advocates in Michigan submitted 753,759 signatures to place a measure on the November ballot that would create a state constitutional right to reproductive freedom, defined as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care." The ballot initiative would allow the state to regulate abortion after fetal viability; however, the state could not ban the use of abortion to "protect the life or physical or mental health of the pregnant individual," as determined by an attending healthcare professional.

In addition to these abortion-related measures, the general election ballot in Nevada includes an Equal Rights Amendment (ERA) that would add language to the Nevada Constitution that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin." State Sen. Pat Spearman (D), a sponsor of the amendment, said, "We've waited long enough for equal rights to be incorporated into our state constitution. ... We must be brave in protecting the weak, the downtrodden, the oppressed. We must be brave in lifting our fellow Nevadans to a place of justice and equality." If the amendment passes, Nevada will become the 27th state to have an ERA in its constitution.

Other noteworthy ballot initiatives include minimum wage amendments in Nevada and Nebraska, a collective bargaining measure in Illinois, a right to healthcare amendment in Oregon, a Medicaid expansion initiative in South Dakota and a New Mexico amendment to direct public money to early childhood programs.

Voters in five states-Alabama, Louisiana, Oregon, Tennessee and Vermont-will decide on ballot measures to repeal language from their state constitutions that allows for enslavement or servitude as punishments for crimes or, in Vermont, for the payment of debts, damages or fines.

If the Kansas primary vote is a sign, these ballot measures could expand women's rights significantly in a number of key states.

Carrie Baker wrote this article for Ms. Magazine.


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The 2022 U.S. Supreme Court decision to overturn federal abortion protections continues to be felt.

New research now suggests states where bans have been enacted, including South Dakota, will see fewer workers because of the moves.

The Institute for Women's Policy Research is out with a new study including survey data from 10,000 adults. The authors said one in five respondents planning to have children within the next decade has moved -- or knows someone who has -- to another state because of reproductive care restrictions in their current location.

Melissa Mahoney, senior research economist at the institute, said it shows ban states will likely see some of their workforce talent flow elsewhere.

"The labor markets in states that protect abortion tend to be more welcoming for women with higher wages, greater access to health insurance, also stronger labor force participation," Mahoney outlined.

The findings mirror results from a similar study issued earlier this year by the National Bureau of Economic Research.

After the Dobbs ruling, when conservative states began enacting bans, officials such as former Gov. Kristi Noem pledged their support for pregnant women and children. Some policy analysts argued Noem's record often fell short in that area.

Mahoney pointed out their research indicates it is not just a problem for state policymakers. She noted businesses should also be worried about a "talent drain," with survey respondents wanting them to prioritize care access.

"Many, in addition, are asking more of their employers in terms of reproductive health care benefits, in terms of speaking out against abortion restrictions in their states," Mahoney observed.

According to the findings, 57% of respondents said they are more likely to apply for or accept a job with reproductive health care benefits as part of the offer. And in South Dakota, 65% of adults think employers should provide financial assistance for child care.


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By Rebekah Sager for the Michigan Independent.
Broadcast version by Chrystal Blair for Michigan News Connection reporting for the Michigan Independent-Public News Service Collaboration

The AP reported on Jan. 31 that a grand jury had indicted a doctor in New York on felony charges of criminal abortion for prescribing an abortion medication online for a patient in Louisiana.

The indictment was issued by a grand jury of the Louisiana 18th Judicial District Court for the Parish of West Baton Rouge against Dr. Margaret Carpenter, her New Paltz-based company Nightingale Medical, and the mother of the teen patient, who obtained and administered the medication. Arrest warrants were issued on Jan. 31 for Carpenter and the mother; the mother turned herself in to the police that day.

Louisiana law outlaws abortion completely, with exceptions for the life and health of the pregnant patient.

While 18th Judicial District Attorney Tony Clayton told the AP, "We expect Dr. Carpenter to come to Louisiana and answer to these charges, and if 12 people (a jury) think she's innocent then, let it go," New York's so-called shield law protects Carpenter from extradition, said Rachel Rebouché, the dean of Temple University Law School.

What are shield laws?

Eighteen states, including New York, have laws that protect medical providers from investigation, subpoenas, warrants, and demands for extradition from another state. New York's law says that the governor will not recognize such demands from another state as long as the provider was not physically located in that state when the procedure was carried out.

The law in eight of the 18 states - California, Colorado, Maine, Massachusetts, New York, Rhode Island, Vermont, and Washington - specifically protects reproductive health care, regardless of the patient's location.

What happens when a state's shield law is challenged?

Rebouché, who has worked closely with legislators and shield law advocates, said, "I think the long game is to stop mailed medication abortion, which is approved by the FDA as well."

"I think the consequences are, for the providers, I think there is a chilling effect," Rebouché continued. "No one wants to be indicted for a crime. No one wants to be sued for $100,000 and for Dr Carpenter, she can't go to Texas or Louisiana, she can't go to a state that might extradite her to one of those states."

Rebouché explained that in such cases of interstate conflict, each side has the right to pass its own laws. "Typically, states do cooperate," she said. "That's the baseline. But states have rights to also defend people in their jurisdictions."

"Maggie Carpenter is not breaking the law," Rebouché said. "She is complying entirely with New York law. Now, Texas and New York can disagree about what that means, but she, as a doctor, is not breaking the law. ... Almost half the country has got this through its legislature to protect people who are providing reproductive health care."

On Feb. 3, New York Democratic Gov. Kathy Hochul signed a law that gives doctors who prescribe abortion medication the right to ask that pharmacies only print the name of their medical practice on the prescription label and not the doctor's name.

"The intent of shield laws is to try to deflect attacks from out of state for providers in state through different levels, criminal, civil, professional discipline, insurance hikes," Rebouché said.

Officials in Louisiana continue to insist that they will prosecute Carpenter. "It is illegal to send abortion pills into this State and it's illegal to coerce another into having an abortion. I have said it before and I will say it again: We will hold individuals accountable for breaking the law," Louisiana Attorney General Liz Murrill said on the social media platform X.

Rebouché noted: "Louisiana can and has arrested her for what it claims is a violation of its abortion ban. It has to prove that in a criminal court. ... If Louisiana has prosecutors who are going to go after anybody who's helped somebody, that could have a significant chilling effect."


Rebekah Sager wrote this article for the Michigan Independent.


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By Bram Sable-Smith and Katheryn Houghton for KFF Health News.
Broadcast version by Kathleen Shannon for Big Sky Connection reporting for the KFF Health News-Public News Service Collaboration

In November, Montana voters safeguarded the right to abortion in the state’s constitution. They also elected a new chief justice to the Montana Supreme Court who was endorsed by anti-abortion advocates.

That seeming contradiction is slated to come to a head this year. People on polar sides of the abortion debate are preparing to fight over how far the protection for abortion extends, and the final say will likely come from the seven-person state Supreme Court. With the arrival of new Chief Justice Cory Swanson, who ran as a judicial conservative for the nonpartisan seat and was sworn in Jan. 6, the court now leans more conservative than before the election.

A similar dynamic is at play elsewhere. Abortion rights supporters prevailed on ballot measures in seven of the 10 states where abortion was up for a vote in November. But even with new voter-approved constitutional protections, courts will have to untangle a web of existing state laws on abortion and square them with any new ones legislators approve. The new makeup of supreme courts in several states indicates that the results of the legal fights to come aren’t clear-cut.

Activists have been working to reshape high courts, which in recent years have become the final arbiters of a patchwork of laws regulating abortions. That’s because the 2022 U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned federal abortion protections, leaving rulemaking to the states.

Since then, the politics of state supreme court elections have been “supercharged” as fights around abortion shifted to states’ top courts, according to Douglas Keith, a senior counsel at the nonpartisan Brennan Center for Justice.

“Because we’re human, you can’t scrub these races of any political connotations at all,” said former Montana Supreme Court Justice Jim Nelson. “But it’s getting worse.”

The wave of abortion litigation in state courts has spawned some of the most expensive state supreme court races in history, including more than $42 million spent on the nonpartisan 2023 Supreme Court race in Wisconsin, where abortion access was among the issues facing the court. Janet Protasiewicz won the seat, flipping the balance of the court to a liberal majority.

In many states, judicial elections are nonpartisan but political parties and ideological groups still lobby for candidates. In 2024, abortion surfaced as a top issue in these races.

In Michigan, spending by non-candidate groups alone topped $7.6 million for the two open seats on the state Supreme Court. The Michigan races are officially labeled as nonpartisan, although candidates are nominated by political parties.

An ad for the two candidates backed by Democrats cautioned that “the Michigan state Supreme Court can still take abortion rights away” even after voters added abortion protections to the state constitution in 2022. The ad continued, “Kyra Harris Bolden and Kimberly Thomas are the only Supreme Court candidates who will protect access to abortion.” Both won their races.

Abortion opponent Kelsey Pritchard, director of state public affairs for Susan B. Anthony Pro-Life America, decried the influence of abortion politics on state court elections. “Pro-abortion activists know they cannot win through the legislatures, so they have turned to state courts to override state laws,” Pritchard said.

Some abortion opponents now support changes to the way state supreme courts are selected.

In Missouri, where voters passed a constitutional amendment in November to protect abortion access, the new leader of the state Senate, Cindy O’Laughlin, a Republican, has proposed switching to nonpartisan elections from the state’s current model, in which the governor appoints a judge from a list of three finalists selected by a nonpartisan commission. Although Republicans have held the governor’s mansion since 2017, she pointed to the Missouri Supreme Court’s 4-3 ruling in September that allowed the abortion amendment to remain on the ballot and said courts “have undermined legislative efforts to protect life.”

In a case widely expected to reach the Missouri Supreme Court, the state’s Planned Parenthood clinics are trying to use the passage of the new amendment to strike down Missouri’s abortion restrictions, including a near-total ban. O’Laughlin said her proposal, which would need approval from the legislature and voters, was unlikely to influence that current litigation but would affect future cases.

“A judiciary accountable to the people would provide a fairer venue for addressing legal challenges to pro-life laws,” she said.

Nonpartisan judicial elections can buck broader electoral trends. In Michigan, for example, voters elected both Supreme Court candidates nominated by Democrats last year even as Donald Trump won the state and Republicans regained control of the state House.

In Kentucky’s nonpartisan race, Judge Pamela Goodwine, who was endorsed by Democratic Gov. Andy Beshear, outperformed her opponent even in counties that went for Trump, who won the state. She’ll be serving on the bench as a woman’s challenge to the state’s two abortion bans makes its way through state courts.

Partisan judicial elections, however, tend to track with other partisan election results, according to Keith of the Brennan Center. So some state legislatures have sought to turn nonpartisan state supreme court elections into fully partisan affairs.

In Ohio, Republicans have won every state Supreme Court seat since lawmakers passed a bill in 2021 requiring party affiliation to appear on the ballot for those races. That includes three seats up for grabs in November that solidified the Republican majority on the court from 4-3 to 6-1.

“These justices who got elected in 2024 have been pretty open about being anti-abortion,” said Jessie Hill, an attorney with the American Civil Liberties Union of Ohio, who has been litigating a challenge to Ohio’s abortion restrictions since voters added protections to the state constitution in 2023.

Until the recent ballot measure vote in Montana, the only obstacle blocking Republican-passed abortion restrictions from taking effect had been a 25-year-old decision that determined Montana’s right to privacy extends to abortion.

Nelson, the former justice who was the lead author of the decision, said the court has since gradually leaned more conservative. He noted the state’s other incoming justice, Katherine Bidegaray, was backed by abortion rights advocates.

“The dynamic of the court is going to change,” Nelson said after the election. “But the chief justice has one vote, just like everybody else.”

Swanson, Montana’s new chief justice, had said throughout his campaign that he’ll make decisions case by case. He also rebuked his opponent, Jerry Lynch, for saying he’d respect the court’s ruling that protected abortion. Swanson called such statements a signal to liberal groups.

At least eight cases are pending in Montana courts challenging state laws to restrict abortion access. Martha Fuller, president and CEO of Planned Parenthood Advocates of Montana, said that the new constitutional language, which takes effect in July, could further strengthen those cases but that the court’s election outcome leaves room for uncertainty.

The state’s two outgoing justices had past ties to the Democratic Party. Fuller said they also consistently supported abortion as a right to privacy. “One of those folks is replaced by somebody who we don’t know will uphold that,” she said. “There will be this period where we’re trying to see where the different justices fall on these issues.”

Those cases likely won’t end the abortion debate in Montana.

As of the legislative session’s start in early January, Republican lawmakers, who have for years called the state Supreme Court liberal, had already proposed eight bills regarding abortion and dozens of others aimed at reshaping judicial power. Among them is a bill to make judicial elections partisan.

Montana Sen. Daniel Emrich, a Republican who requested a bill titled “Prohibit dismembering of person and provide definition of human,” said it’s too early to know which restrictions anti-abortion lawmakers will push hardest.

Ultimately, he said, any new proposed restrictions and the implications of the constitutional amendment will likely land in front of the state Supreme Court.


Bram Sable-Smith and Katheryn Houghton wrote this story for KFF Health News.


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