WASHINGTON (AP) — Abortion rights advocates prevailed on seven U.S. ballot measures in Tuesday’s election and lost on three.
The losses are the first in the entire U.S. in nationwide ballot measures on reproductive rights since the Supreme Court ruled in Roe v Measures in 2022.
There were also innovations on the other sides: three amendments call for the reversal of abortion bans, including one in Missouri that bans abortion at all stages of pregnancy with exceptions only in circumscribed circumstances to save the woman’s life.
Here’s a look at what we learned from the results.
The issue of abortion is going to court to overturn the ban in Missouri
Missouri is the most populous state where a ballot measure could repeal the current ban on abortion at all stages of pregnancy.
But the work is not done there yet.
Planned Parenthood’s Missouri affiliates filed a motion Wednesday in state court to overturn the state’s abortion ban and several laws regulating abortion.
The Missouri amendment, set to take effect Dec. 5, does not specifically override any state laws. Instead, the measure left advocates to ask the courts to strike down bans they said were now unconstitutional.
Planned Parenthood executives said in a Zoom call with reporters Wednesday that they plan to begin offering abortions at clinics in Columbia, Kansas City and St. Louis if they receive the court order they are seeking – starting by blocking the Enforce the laws in this book.
“This is just the first step toward realizing and fully implementing the protections of Amendment 3. It is certainly not the final step,” said Richard Muniz, interim president and CEO of Planned Parenthood Great Rivers.
Clinics had stopped performing abortions in Missouri before the state’s ban took effect in 2022. They said a list of regulations made it impossible for them to operate. In its lawsuit, Planned Parenthood’s affiliate, which covers much of the state, says its strict requirements include that doctors who perform abortions have surgical licenses and that they perform gynecological exams on all patients — even if they only offer medication abortions.
“Some of these patients choose medication abortion precisely because they don’t want instruments inserted into their vagina,” said Dr. Selina Sandoval, associate medical director of Planned Parenthood Great Plains, in a statement of claim. “I cannot and will not subject my patients to unnecessary examinations.”
Planned Parenthood also opposes laws that require doctors to be admitted to area hospitals, require a 72-hour waiting period for abortions, and ban telemedicine for abortions. In addition to the ban on abortion at all stages of pregnancy, the group is calling for the lifting of other bans that come into force after the eighth, 14th, 18th and 20th weeks of pregnancy.
Abortion rights are popular with voters
Abortion rights advocates announced victories at the ballot box as a sign of broad support for abortion rights, even in conservative states.
The three states that rejected abortion measures had special circumstances that were not present in the others.
In Florida, the hurdle to pass a constitutional amendment is 60%, while in most states a basic majority is required. Most voters supported the introduction of abortion rights – but it fell tiny of the demand.
There, Gov. Ron DeSantis, a Republican with a statewide profile, also posed a challenge to advocates by directing state GOP money to fight the measure and defending a state agency for publishing a website attacking it, among other government efforts.
In South Dakota, the measure differs from the others because it would have allowed the state to regulate second-trimester abortion — but only in a way that protects the woman’s health. Because of this provision, most national abortion rights groups did not invest money in its promotion, which may have been a factor in its failure in a conservative state.
In Nebraska, both sides had questions about the ballot. Voters approved the law, which bans abortions after the first 12 weeks of pregnancy — consistent with current state law — and also allows for the possibility of stricter bans. They also rejected the measure that sought to enshrine the right to abortion until viability in the state constitution. This is considered to be after the 21st week of pregnancy, although there is no fixed time.
Abortion rights advocates condemned anti-abortion groups’ novel strategy of placing a competing measure on the ballot as an attempt to confuse voters. The approach has been considered by anti-abortion groups elsewhere.
Trump’s return to the White House could also shape abortion policy
Republican Donald Trump regained the presidency despite repeatedly changing his stance on reproductive rights.
If Republicans win the House of Representatives in addition to their victories in the Senate and White House, that could open the door to passage of a national ban.
Trump has said he would veto a nationwide ban, although he previously refused to answer questions about it.
However, Republicans have been accused of trying to convert federal abortion restrictions into “national minimum standards” in order to distort their own stance on the issue, since Republicans’ position on abortion is politically unpopular.
Judicial appointments have already shaped the national abortion landscape. Trump has repeatedly taken credit for appointing three U.S. Supreme Court justices who helped form the majority that overturned Roe v. Wade. It’s not just the Supreme Court. Trump-nominated U.S. District Judge Matthew Kacsmaryk has issued rulings with nationwide consequences, including one involving access to the abortion pill mifepristone.
Through executive power, a president could also limit the mailing of abortion pills and declare that a law requiring doctors to stabilize patients in the emergency room does not require them to provide an abortion. A new administration could also withdraw a federal lawsuit challenging aspects of Idaho’s ban.
The results show that voters are willing to divide on abortion issues
One interpretation of the existence of some ballot measures was that they were introduced in part to enhance turnout by Democratic voters in candidate elections.
If that was the plan — and some abortion rights advocates say it wasn’t — it didn’t appear to impact other statewide races.
The predominantly Republican states of Montana and Missouri passed abortion rights protections and also elected Republican candidates for president, U.S. Senate and governor.
In Montana, Republican Tim Sheehy defeated three-term Sen. Jon Tester, who tried to tie his campaign to a push for abortion rights.
Three other Republican states – Florida, Nebraska and South Dakota – rejected abortion ballot measures and supported Trump in the presidential election and Republican senators where they were on the ballot.
The Democratic states of Colorado and Maryland expanded abortion rights and voted for Democrats in statewide elections. The same is true in New York, where the ballot measure bans discrimination based on “pregnancy outcomes” and does not specifically mention abortion — but has been supported by abortion rights advocates who say it preserves access.
The measures also passed in Arizona and Nevada, where the presidential and U.S. Senate elections had not yet been called as of midday Wednesday.
Abortion rights won’t aid Democrats win the Senate
Democrats in the most competitive Senate races focused their closing arguments and ads on the issue of abortion, an issue they sought to capitalize on after it had previously roiled voters during the vote. But she didn’t push abortion rights over the top – not even in Montana.
Texas Rep. Colin Allred, a Democrat, failed in his attempt to defeat Sen. Ted Cruz after spending $5 million on an abortion-themed ad campaign and raising the issue in campaign speeches and during an October debate. Allred drew on the personal stories of Texas women affected by the state’s abortion ban, which has sparked nationwide outrage.
In Ohio, Republican Bernie Moreno defeated incumbent Sen. Sherrod Brown after Brown and his allies pounced on a cell phone video that emerged slow in the campaign showing Moreno criticizing suburban women who base their votes on abortion rights.
A hotly contested race between Democratic Sen. Tammy Baldwin and Republican Eric Hovde also focused heavily on abortion and appeared close enough early Wednesday to require a recount.
Voters in a conservative Texas town have rejected a local anti-abortion proposal
In the Texas city of Amarillo, located in the state’s conservative Panhandle region, voters overwhelmingly rejected an anti-abortion proposal that would have essentially banned out-of-state travel for abortion seekers by allowing civil lawsuits against anyone who assists a local resident in obtaining an abortion.
The “Cities of Sanctuary for the Unborn” ordinance was rejected by almost 60% of voters.
“We hope to set the tone, not just for the state, but for the nation, that we will not penalize anyone for seeking medical care while facing an extreme travel ban in their own state,” said Lindsay London, A nurse who helped founded a group that opposed the plan.
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Associated Press reporters Sean Murphy in Oklahoma City and Jim Salter in O’Fallon, Missouri, contributed to this article.
