In some, like Kansas and Minnesota, judges have previously found a right to abortion based on the text of their state constitution.
Even Mississippi’s abortion ban, which provided the impetus for overturning Roe v. Wade, has to overcome a 1998 state supreme court ruling that found “abortion is protected” under its constitution. Health clinics have sued to block abortion restrictions on this basis, but a judge last week allowed them to take effect. The case is likely to end up at the state’s highest court…
“We’re going to be expanding our engagement at the state level to meet the moment and to meet the challenge of the abortion industry trying to once again take the voice away from the American people,” Stephen Billy, Vice President for State Affairs at Susan B. Anthony Pro-Life America, told NBC News.
Judiciary races could become especially relevant in places like North Carolina or Georgia where Democrats who favor abortion access are competitive at the state level, but face gerrymandered district lines that make it harder to win seats in the legislatures.
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