Setback For Democrats As New York Judge Strikes Down Abortion Rights Ballot Measure

A Conservative judge on Tuesday threw out a ballot measure that would have codified abortion rights and other equal rights in the New York constitution.

State Supreme Court Justice Daniel Doyle blocked the Equal Rights Amendment (ERA) from appearing before voters on the November ballot, delivering a blow to Democrats who were hoping it would boost turnout among abortion-rights activists in New York.

The judge said the legislature was passed without following the constitutional procedures.

He wrote: "The constitution is the supreme will of the people. Its amendment should be undertaken by strict adherence to the will of the people."

The decision came after Republican New York Assembly Member Marjorie Byrnes filed a lawsuit saying the legislature voted on the amendment without getting an opinion from the state attorney general.

While Democrats argued that they had largely met the requirements and cited the passage of previous amendments through a similar process, Doyle still decided to reject it.

"Substantial compliance is not compliance, and this court cannot condone actions taken by the Legislature in derogation of the expressed will of the people," he wrote.

New York's Democratic Attorney General Letitia James called it a "disappointing court decision." She said she would appeal the ruling.

"The Equal Rights Amendment was advanced to protect people's fundamental rights like reproductive freedom and access to abortion care. The decision to strike the ERA from the ballot in November is disappointing, and we're appealing to defend New Yorkers' rights," she said in a statement.

State GOP Chair Ed Cox praised the decision.

Currently, abortion is fully legal in New York up until about 24 weeks of pregnancy.
The proposed amendment does not explicitly safeguard abortion rights, but it would introduce protections against discrimination because of pregnancy and reproductive healthcare.

Democrats were hoping to use the ballot measure to bring in more left-leaning voters to polling booths in the upcoming November election, and win back the House seats Republicans took away from them in 2022 midterms.

Abortion rights ballot measures have seen widespread success, even in traditionally conservative states like Ohio.

Florida and Arizona will also vote in November to overturn abortion bans implemented by their Republican-controlled state legislatures following a Supreme Court decision in June 2022.