Nevada judge rules out abortion rights ballot push for 2024

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Nevada judge rules out abortion rights ballot push for 2024

A Nevada judge has struck down a 2024 ballot initiative to preserve the right to an abortion in the state constitution.

Carson City District Court Judge James Russell on Tuesday sided with the Coalition of Parents and Children PAC, which filed a lawsuit earlier this month claiming the abortion initiative violates Nevada law, Reno ABC affiliate KOLO-TV reported.

Jason Guinasso, an attorney for the PAC, argued on Nov. 11 that the proposed ballot measure amounts to “log rolling” and includes comprehensive coverage of abortion, birth control, prenatal care and postpartum care — violating state law by allowing more than one subject. on the petition, according to the station.

In his decision, Russell agreed with Guinasso’s assessment.

“Again, it’s clear to me this is probably the clearest case I’ve seen that I think there was a violation of the single subject rule,” the judge reportedly said.

Carson City District Court Judge James Russell sided Tuesday with the Coalition for Parents and Children PAC, which filed a lawsuit earlier this month against the abortion initiative. The Washington Post via Getty Images Attorney Jason Guinasso in oral arguments on Nov. 11 said the ballot measure amounted to “log rolling” and violated state law by allowing more than one subject on a petition.AP

“I just, I’ve seen a lot of them over the years and in regards to this, there are too many subjects. Not all of them are functionally related to each other.”

Attorneys for Planned Parenthood, the American Civil Liberties Union and Nevadans for Reproductive Freedom PAC disagreed with Guinasso’s argument — and supporters of the abortion initiative said they would appeal the decision to the state Supreme Court.

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“We’re optimistic about the ballot initiative as a whole, and you know, we plan to appeal this,” said Lindsey Harmon, an attorney representing Nevadans for Reproductive Freedom. “And we know that really, this is all a single subject.”

If the Nevada Supreme Court issues another unfavorable ruling, abortion rights advocates could still gather more than 100,000 signatures in the state by July 8 to force the issue onto the ballot. AFP via Getty Images

The group first filed its petition on September 14.

If the Nevada Supreme Court issues another unfavorable ruling, abortion rights advocates in the state could still gather more than 100,000 signatures by July 8 to force the issue onto the ballot for Election Day 2024.

The petition would amend Article 1 of the Nevada Constitution to state that “every individual has the fundamental right to reproductive liberty, which includes the right to make and exercise decisions about all matters related to pregnancy, including, without limitation, prenatal care, childbirth, postpartum care childbirth, birth control, vasectomy, tubal ligation, abortion, miscarriage care, miscarriage management and infertility care.”

The issue has become a flashpoint for national elections, following the Supreme Court’s decision to strike down US constitutional protections for abortion last year in the Dobbs decision.SOPA Images/LightRocket via Getty Images

Abortion is legal up to 24 weeks of pregnancy in Nevada because of a 1990 ballot referendum that codified protections in state law and the state constitution.

Ohio voters enacted a similar measure through a ballot initiative, approving an amendment to their state Constitution earlier this month by a majority vote to allow abortion at any time during pregnancy.

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The issue has become a flashpoint for national elections following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization last year, which overturned the landmark Roe v. Wade that ensured constitutional protection for abortion nationwide.

Former President Donald Trump now leads President Biden by single digits in Nevada, according to poll aggregator FiveThirtyEight.AFP via Getty Images

Former President Donald Trump currently leads President Biden by single digits in Nevada, according to poll aggregator FiveThirtyEight, but it remains to be seen how potential changes to abortion laws will affect the outcome of the election.

Virginia Gov. Glenn Youngkin saw Republicans in the state legislature lose control of the House of Representatives and fail to win the state Senate while campaigning in this year’s election on a pledge to pass a 15-week abortion ban.

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