Anti-abortion ballot measures like Kansas’s so-called “Value Them Both” amendment tend to pass, so its defeat would signal a huge post-Dobbs shift. ed_kilgore writes
Supporters of Kansas’s proposed constitutional amendment denying a right to abortion. Photo: Caitlin Wilson/AFP via Getty Images On August 2, the Kansas primary election will feature the first ballot test on abortion policy since the U.S. Supreme Court abolished the federal right to choose in the Dobbs decision.
An even closer ballot test occurred in West Virginia in 2018 over a constitutional amendment worded almost identically to Tennessee’s, also motivated by an adverse state court decision in 1993 protecting abortion funding for indigent women. In a relatively pro-Democratic midterm election, voters ratified the amendment by a 52-48 margin; deep urban-rural splits characterized the vote.
The last time a similar state constitutional amendment failed was way back in 1986 when voters in deep-blue Massachusetts defeated a “no right to abortion” initiative 58-42. The closest thing to a voter-approved direct abortion ban was passed by Alabama voters in 2018; they approved a constitutional amendment to “recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life,” though it required legislative follow-up to make it effective.
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