Reproductive rights advocates are challenging longstanding abortion restrictions in states where Roe v. Wade’s reversal led to the amendment of state constitutions to protect abortion rights. In Ohio and Michigan, successful ballot initiatives have prompted legal challenges against laws that hinder abortion access, such as waiting periods and provider regulations. The ACLU and other reproductive rights groups are using the recent amendments to push lawsuits against these restrictions.
The language in the amendments in Michigan and Ohio reflects voters’ desire to protect reproductive rights following the 2022 Supreme Court ruling and the erosion of the original 1973 Roe precedent over time. These amendments aim to ensure that reproductive rights are fully protected under the law. While similar ballot initiatives have succeeded in blue states like California, the victories in purple states like Ohio highlight growing support for abortion rights even in traditionally conservative areas.
Anti-abortion activists argue that reproductive rights advocates are stretching the constitutional amendments beyond their intended meaning, warning voters in other states to be cautious. Legal challenges are ongoing in states like Michigan, where the new amendment faces opposition in court from anti-abortion groups. State officials are divided on defending the abortion restrictions targeted in the lawsuits, with Republicans defending the laws and Democrats opting not to support them.
In Ohio, a lawsuit filed by the ACLU takes aim at counseling requirements and the 24-hour waiting period for abortions. The state’s Republican attorney general argues that the ballot initiative only reinstated the pre-existing legal framework for abortion restrictions. The amendment in Ohio sets a higher standard for state regulations on abortion, requiring that any measures be the least restrictive means to protect the patient’s health and align with evidence-based standards of care.
Abortion rights advocates in Arizona are working to pass a constitutional amendment similar to those in Ohio and Michigan to protect abortion rights. While some states have repealed restrictive abortion laws post-Dobbs, others still have bans and waiting period requirements in place. Campaigns for initiatives to expand abortion rights are underway in various states, with reproductive rights advocates aiming to address unique access challenges in each location.
The ACLU is focused on ensuring individuals can make their own medical decisions during pregnancy without political interference, utilizing all available tools to protect reproductive rights. As more states consider adding abortion rights protections to their constitutions, the legal landscape varies, making it difficult to predict the outcomes of potential litigation. Overall, the push for expanded abortion rights in states across the country reflects a growing commitment to protecting reproductive autonomy and access to care.
