A conservative judge ruled Tuesday that a constitutional amendment to protect the right to abortion in New York cannot move forward for a public vote—delivering a blow to Democrats who hoped the ballot measure would boost turnout among abortion-rights proponents in the state.
New York Attorney General Letitia James vowed Tuesday to appeal a decision by a state Supreme Court ... [+]
Conservative New York State Supreme Court Justice Daniel Doyle ruled Tuesday the legislature acted too hastily, in defiance of the procedures laid out in the constitution, in moving to send the amendment to voters.
The decision stems from a lawsuit filed by Republican New York Assembly Member Marjorie Byrnes arguing the legislature voted on the amendment before receiving an opinion from the state attorney general, as the constitution requires.
The ruling is a blow to Democrats who hoped the amendment—which would have protected people who seek abortions and gender-affirming care from discrimination—would raise turnout among left-leaning voters and improve their chances of winning back several House seats Republicans flipped in the 2022 midterms.
New York’s Democratic Attorney General Letitia James vowed to appeal the ruling, calling it a “disappointing court decision” in a statement.
New York, where abortion is fully legal up until about 24 weeks of pregnancy, is one of several states where Democrats hoped to increase voter turnout with ballot measures that would protect the right to abortion in the wake of Roe v. Wade’s reversal. Voters in Florida and Arizona will also vote in November to overturn abortion bans implemented by their GOP-controlled state legislatures following the June 2022 Supreme Court decision. So far, abortion rights ballot measures have been widely successful, even in red states such as Ohio, where voters in November effectively blocked a six-week abortion ban from taking effect by enshrining the right to abortion in the constitution.
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