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State supreme courts: Bottom of the ballot but top concern if Roe falls
PoliticoThe right to abortion in some states could come down to a handful of people running for positions most voters pay little attention to: state supreme court justices.
State courts are likely to be flooded with litigation that could require them to rule on access to abortion — or even contraception and fertility treatments — should the Supreme Court overturn Roe v. Wade in the coming weeks.
The possible end to federal abortion protections is spotlighting down-ballot races in the upcoming midterm elections, particularly for judges who could soon be asked to decide whether their state constitution protects a person’s right to end a pregnancy.
“Everyone wants to talk about the sexy United States Senate race, or the governor’s race. When it comes down to it, the state Supreme Court is going to determine abortion jurisprudence in the state of Ohio,” said Mike Gonidakis, president of Ohio Right to Life. “State Supreme Court elections are paramount.”
State courts are likely to be flooded with litigation that could require them to rule on access to abortion — or even contraception and fertility treatments — should the Supreme Court overturn Roe v. Wade in the coming weeks.
The possible end to federal abortion protections is spotlighting down-ballot races in the upcoming midterm elections, particularly for judges who could soon be asked to decide whether their state constitution protects a person’s right to end a pregnancy.
“Everyone wants to talk about the sexy United States Senate race, or the governor’s race. When it comes down to it, the state Supreme Court is going to determine abortion jurisprudence in the state of Ohio,” said Mike Gonidakis, president of Ohio Right to Life. “State Supreme Court elections are paramount.”
Michigan has a pre-Roe ban on abortion that has been temporarily blocked but will likely come before the Supreme Court under a petition from Democratic Gov. Gretchen Whitmer.
And North Carolina has an enjoined 20-week ban and a pre-Roe ban that could also come before the court, particularly in light of the stalemate between the state’s Democratic governor and Republican legislature.
In other states, like Montana, the outcome of the 2022 supreme court elections won’t change partisan control but could push the court to the right. And in Kansas, two judges that supported a 2019 court decision recognizing the right to abortion are up for a retention vote this year.
And North Carolina has an enjoined 20-week ban and a pre-Roe ban that could also come before the court, particularly in light of the stalemate between the state’s Democratic governor and Republican legislature.
In other states, like Montana, the outcome of the 2022 supreme court elections won’t change partisan control but could push the court to the right. And in Kansas, two judges that supported a 2019 court decision recognizing the right to abortion are up for a retention vote this year.
