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States reject abortion protections for the first time since 'Roe' was overturned

JUANA SUMMERS, HOST:

Abortion was directly on the ballot in 10 states yesterday. In most of them, voters chose to protect or expand abortion rights. But for the first time since the Supreme Court overturned Roe v. Wade, voters in a few states rejected abortion protections. NPR political correspondent Sarah McCammon is in studio with us. Hey, Sarah.

SARAH MCCAMMON, BYLINE: Hi, Juana.

SUMMERS: So, Sarah, just start with the basics. What was on the ballot yesterday and what happened?

MCCAMMON: Well, it was the biggest single day yet for voting on these kinds of ballot questions related to abortion. You know, they've become increasingly important for abortion rights advocates since the Supreme Court's Dobbs decision just over two years ago overturned Roe v. Wade. And these ballot initiatives have become a way for voters to reject state restrictions that they feel have gone too far. So as you said, Juana, yesterday, 10 states had abortion questions on their ballots, most were about protecting or restoring access. And in seven out of 10 states, those abortion rights measures passed.

SUMMERS: Sarah, what will that mean for abortion access in those states?

MCCAMMON: In some cases, these measures mean existing abortion bans are likely to be tossed out. Kelly Hall is with the Fairness Project, which advocates for progressive ballot initiatives. And she points to the state of Missouri, where current law bans virtually all abortions, as an example of how these measures can reverse restrictions in unlikely places.

KELLY HALL: It is one of our deepest red states in this country, a place where most observers thought why are we even trying, on such a conservative Bible Belt state, to put forward a truly expansive right to reproductive freedom?

MCCAMMON: Now, another big win for the abortion rights movement yesterday was Arizona. Voters passed a constitutional amendment that's expected to reverse a 15-week ban currently in effect there. And several blue states, like Colorado and New York among them, shored up existing protections in state law by putting them in the state constitution.

SUMMERS: Sarah, help us unpack this. What does that tell us about how voters are feeling about abortions two years after the Dobbs decision?

MCCAMMON: Well, the overall trend is in line with what we've seen since the Dobbs decision. You know, every time abortion had been put directly on the ballot, voters rejected restrictions or approved protections. But last night's results in three states - South Dakota, Nebraska, and Florida - actually broke that streak. In Florida, an abortion rights measure got majority support, but it wasn't enough to reach the 60% threshold that's required to pass. Kelsey Pritchard with SBA Pro-Life America points to the involvement of Republican leaders in the state, like Florida Governor Ron DeSantis, as a big reason why.

KELSEY PRITCHARD: We have the winning recipe of how you defeat ballot measures going forward. And this is a way to energize and engage Republicans to show that if you get involved, if you use your platform, this is how we win.

MCCAMMON: And abortion rights advocates point out that even though it wasn't enough for that threshold I mentioned, Florida's measure still got 57% of the vote, a majority, even in a state where Trump won handily.

SUMMERS: Sarah, I know a lot of Democrats were hoping that abortion was an issue that would drive supporters of Vice President Harris to the polls. Now that we know the election results in the presidential race, what can you say about that?

MCCAMMON: You know, we talked about this on our special coverage last night with University of California, Davis Law Professor Mary Ziegler. She addressed this gap between the success of most of these abortion rights measures and Harris' failure to win the election.

MARY ZIEGLER: On the one hand, it seems to tell you that voters do care about abortion rights. On the other hand, it seems to tell you that Trump's effort to suggest that he wouldn't change things significantly - right? - that a Trump presidency wouldn't be a significant difference-maker, that matters would be left to the states, may have worked.

MCCAMMON: Now, Trump, of course, has offered mixed messages on abortion, as she alluded to there. And the reality with presidential elections is that voters are looking at lots of issues. Abortion is a big one for many Democratic voters, but inflation and immigration have consistently ranked higher. And, you know, one of the signs of this result is that abortion rights are not exclusively an issue for Democrats because there was that gap.

SUMMERS: NPR's Sarah McCammon, thank you.

MCCAMMON: Thank you.

(SOUNDBITE OF OHNO SONG, "DROWSY") Transcript provided by NPR, Copyright NPR.

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Sarah McCammon
Sarah McCammon is a National Correspondent covering the Mid-Atlantic and Southeast for NPR. Her work focuses on political, social and cultural divides in America, including abortion and reproductive rights, and the intersections of politics and religion. She's also a frequent guest host for NPR news magazines, podcasts and special coverage.