U.S. election results 2024 | Determining constitutional right to abortion with ballots

While Florida failed to secure the mandated 60% threshold to reinstate the constitutional right to abortion, at the time of writing, Missouri, Colorado, Maryland and New York had managed to reinstate the right.

Since the U.S. overturned the landmark Roe v. Wade ruling securing the right to abortion, several States of the North American country became the groundswell of public opposition.

For perspective, the ruling gave women in the United States the right to have an abortion before the foetus is viable outside the womb, that is, before the 24- to 28-week mark. The purported opposition was more vocal in States that provision the rights to citizens to directly amend their laws – thus, a clarion call to protect abortion rights.

The States include Arizona, Colorado, Florida, Missouri, Montana, Nebraska, Nevada, South Dakota, Michigan and Ohio. Not-for-profit public law observer Brennan Centre for Justice observed in a blogpost, “In most of these eight States, abortion opponents in official positions have used their power to try to block or undermine these citizen initiatives – most flagrantly in Florida, Missouri and Montana.” 

While Vice-President Kamala Harris has advocated support for reproductive health and rights, including black maternal health, news organisation PBS observed that Republican candidate Donald Trump turned to his catch-all response that abortion rights should be left to individual States.  

Florida scenario

News agency Reuters, quoting figures from Edison Research, reported that the proposal to amend Florida’s State Constitution to guarantee abortion rights fell short of the 60% threshold needed to pass. The news agency further stipulated that this amounted to the first such measure to fail since the strikedown of the erstwhile constitutional right in 2022.  

Brennan Centre stipulated in a blogpost that opponents of the right to abortion warned about the resulting increased cost to taxpayers, for this could further litigation, public funding requirements and a smaller future population.

However, the not-for-profit organisation observed, “What the statement conspicuously does not mention is the opposite possibility, based on effects noted by economists, that increased reproductive choice would increase Florida’s tax revenue, and reduce social welfare costs, by enabling more women to remain in the workforce and improving their health outcomes.” 

Missouri, Colorado, Maryland and New York  

At the time of writing, according to New York Times, Maryland, Missouri, Colorado and New York had successfully reinstated the right to abortion with a majority of 76%, 92%, 66% and 78% respectively.  

Specifically, about Missouri, the not-for-profit advocacy group Center for Reproductive Rights, termed it as “historic”.

“This is because Missouri is now the first State with a total abortion ban to approve a constitutional amendment protecting reproductive freedom,” it stated in a post on ‘X’. However, PBS’s reportage holds that passing amendments may not expand access immediately. 

“Courts would be asked to invalidate the bans; and there could be legal battles over that. Clinics would need to staff up and get licenses. And some restrictions could remain in effect,” it observed.  

Commenting on the successful outcome in Missouri, as reported by Associated Press, Rachel Sweet, campaign manager of Missourians for Constitutional Freedom, held that Missourians had sent a “clear message”. “Decisions around pregnancy, including abortion, birth control, and miscarriage care are personal and private and should be left to patients and their families, not politicians.” 

Published - November 06, 2024 01:23 pm IST