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Abortion Rights Amendments Spark Legal Battles Across States

Amendment 3 supporters Luz Maria Henriquez, second from left, executive director of the ACLU Missouri, celebrates with Mallory Schwarz, center, of Abortion Action Missouri, after the Missouri S

Voters in nine states are considering adding the right to abortion to their constitutions in the upcoming elections. However, the impact of these measures on abortion access may not be immediate. If approved, these measures are likely to lead to more legal battles in a landscape that has been heavily influenced by the 2022 U.S. Supreme Court decision overturning Roe v. Wade.

In Missouri, for example, the proposed amendment would not automatically repeal existing abortion restrictions, such as bans at all stages of pregnancy and various regulations like waiting periods and clinic requirements. Instead, it would set the stage for prolonged legal disputes in the courts.

Similar situations are unfolding in other states like Ohio, where a recent measure has faced challenges in fully overturning abortion restrictions. Advocates are concerned about ongoing legal battles and potential financial barriers to access, even with fewer legal restrictions in place.

Legal battles expected in Missouri, Ohio, Florida, Nevada, Arizona, Nebraska, and South Dakota.
Proposed amendments may not immediately repeal existing abortion restrictions.
Ohio's measure faces challenges in fully overturning abortion restrictions.
Florida's measure requires 60% voter approval amid fraud allegations.

Florida, the most populous state with an abortion ballot measure, requires a 60% voter approval. Allegations of fraud in the signature-gathering process have raised concerns about the validity of the measure. Legal disputes over its implementation are likely to follow.

In Nevada, a measure would need to pass in both 2022 and 2026 to take effect, delaying any immediate impact. Meanwhile, states like Colorado, Maryland, and New York already have laws allowing abortion up to viability, with some exceptions.

Arizona's proposed amendment would come into effect with the governor's proclamation if approved by voters. In contrast, Nebraska is facing competing measures on abortion restrictions, with potential implications for future legal battles.

South Dakota, where abortion is currently banned throughout pregnancy, is embroiled in a debate over a measure that could change regulations based on trimesters. The outcome of this measure could lead to further legal challenges and ongoing disputes.

Overall, the abortion ballot measures in these states are setting the stage for continued legal battles and debates over reproductive rights, ensuring that the issue remains a contentious and enduring one in the political landscape.

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