Montana voters recently passed a constitutional amendment safeguarding the right to abortion, while also electing a new chief justice to the state Supreme Court who was endorsed by anti-abortion advocates. This has set the stage for a legal battle over the extent of abortion protections in the state, with the conservative-leaning court likely to have the final say.
Similar dynamics are playing out in other states where abortion rights supporters have prevailed on ballot measures, but the courts will still need to navigate existing state laws on abortion. The increasing politicization of state supreme court elections, with abortion emerging as a key issue, has led to record spending and contentious races.
Some states, like Missouri, are considering changes to the way judges are selected in response to the influence of abortion politics on judicial elections. Partisan judicial elections tend to reflect broader partisan trends, while nonpartisan elections can sometimes produce surprising results, as seen in Michigan and Kentucky.
In Ohio, Republicans have solidified their majority on the state Supreme Court by requiring party affiliation on the ballot, leading to a more conservative court. As abortion restrictions continue to be challenged in courts across the country, the outcomes of these legal battles will have far-reaching implications for reproductive rights.
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