Reproductive Rights

Swing states


The Arizona Supreme Court ruled that a statute criminalizing abortions performed by physicians after 15 weeks except to save the life of the mother did not prevent prosecution under another statute of abortion prohibition. Reporting widely was of the view that there would be a large impact on the general election. 2024-04-09

A ballot initiative is underway to protect the right to abortion.


A Nevada ballot initiative to amend the state constitution has been cleared by the Nevada Supreme Court. 2024-04-18

Non-swing states


The Florida Supreme Court issued an advisory option that a proposed ballot initiative amending the Florida Constitution to create a right to abortion more expansive was permissible. In a separate opinion it upheld a 16-week ban, but noted that a new 6-week ban will go into effect in May. 2024-04-01


A proposed constitutional amendment referendum is under consideration


Three ballot initiatives are in process

All persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability means the point in pregnancy when, in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.

Except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.

Note that this is not an affirmative protection for abortion access in the first trimester. 2024-03-21

  • The proposed Nebraska Human Life Protection Act would criminalize abortion from fertilization, subject to an affirmative defense that it was necessary for stated medical reasons. An affirmative defense permits, but does not require, a judge or jury to find a defendant physician not guilty.

These initiatives might affect turnout, which could have an effect on the vote in the Nebraska Second District, which voted for Biden in 2020.

©2024 Richard Careaga. All rights reserved. Last modified: May 04, 2024.