Midterm Cheat Sheet: Abortion On The Ballot

By Bry'onna Mention· Updated October 26, 2022

All elections are important, but this midterm election on Nov. 8 is crucial. Following the Supreme Court’s ruling to overturn the landmark Roe v. Wade case after nearly 50 years later, the focus on human rights shifted for many Americans. Now, some voters can and will determine their state’s constitution

Earlier this month, President Joe Biden vowed to push the next U.S. Congress to codify the abortion rights protections outlined in Roe v. Wade if Democrats keep control of the legislature.

“Your right to choose rests with you,” Biden said. “If you do your part and vote, Democratic leaders of Congress, I promise you, we’ll do our part. I’ll do my part. And with your support, I’ll sign a law codifying Roe in January.”

Just in case the Democrats aren’t victorious, here’s ESSENCE’s cheat sheet on how some states is addressing reproductive rights:

Montana

Montana voters will decide whether to approve a ballot initiative that declares that an embryo or a fetus is a legal person with a right to medical care if it survives an abortion or delivery. Instances of fetuses surviving abortions are rare. A 2021 Minnesota state health department reported five of 10,136 resulted in a live birth. According to the Montana Free Press, medical professionals and parents have called the ‘Born-Alive’ referendum as “cruel” and “unnecessary.” The measure would also impose severe penalties to health care workers who don’t provide that care.

California, Michigan and Vermont

These three states are all considering questions that would amend their state constitutions to establish some form of a right to abortion care. Currently, abortion is legal in Vermont, with no limit on when a pregnancy could be terminated. However, the Vermont Supreme Court has not explicitly ruled whether it is a constitutional right. The legislation will likely pass during the midterm next month.

Michigan and California, on the other hand, allow pregnancies to be terminated before viability, which is generally defined as around 24 weeks. Michigan Governor Gretchen Whitmer has challenged a 1931 ban on abortion, requesting that the state’s Supreme Court guarantee the right. Though California has upheld the implied right to privacy since the 1980s, the Los Angeles Times reports, Californians will vote on the proposed amendment.

Kentucky

Since the GOP gained control over the Legislature in 2016, the state has moved to tighten restrictions on abortion. The Kentucky Supreme Court has interpreted the state constitution’s privacy rights, where in 1992, it struck down a statue against sodomy, according to the Washington Post. Now, Kentuckians will decide whether to amend the state constitution to say it doesn’t protect the right to an abortion. After the midterm election, the state’s Supreme Court will hear arguments in a case over the near total abortion ban. Prohibition remains in effect until then.