The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Abortion

Abortion in the States

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Michigan voters voted 56.7% to 43.3% (with >95% of votes in, see N.Y. Times) to enact a state constitutional right to reproductive freedom, which would cover abortion rights; California and Vermont voters supported the same, but those states already broadly allow abortions.

Voters in Kentucky (where abortion is generally illegal) appear to have rejected (52.4% to 47.6%, with 91% in) a constitutional amendment that would keep the Kentucky courts from interpreting the Kentucky Constitution as securing a constitutional right to abortion. Recall that in August Kansas voters declined to reverse a Kansas Supreme Court decision that had recognized a state constitutional right to abortion.

Dobbs returned decisions about abortion to the states, and this is what state voters are saying, at least in these states.