Editorial Excerpts, March 2023

A little over six months ago, the Supreme Court overturned Roe v. Wade, ending the constitutional right to an abortion and sending the nation back half a century to the time when state politicians decided whether women controlled their own bodies. …

But in the last six months, something exhilarating happened that bodes well for reproductive rights in 2023 and beyond. Voters defended the right to an abortion on the ballot from coast to coast in an exercise of power and self-determination. In the five states—blue, purple, and red—where abortion was explicitly on the ballot in 2022, all the outcomes went in favor of abortion rights. …

As we begin a new year without a federal constitutional right to abortion, the hurdles for access are still high. But if supporters and much of the electorate stay galvanized by the belief that they can restore a right that belonged to everyone for 49 years, then perhaps even more can be accomplished in 2023. …

Abortion rights advocates will be spending much of their time in 2023 battling state abortion bans on the grounds that state constitutions protect basic rights and individual autonomy, even without an explicit provision on abortion rights. So far, 34 cases have been filed challenging abortion bans in 19 states. …

Expanding abortion access is a difficult journey, but if the midterm election results are any indication, most Americans care deeply about protecting reproductive rights. We have seen that people can mobilize and vote for measures and elect state and federal lawmakers to support those rights. Our hope is that more people will stand up for their rights and more access to abortion will be restored in 2023.

–Los Angeles Times, January 3, 2023

The fight over abortion has taken on new resonance in post-Roe America. It is no longer just a front in the culture wars, but rather a fundamental matter of health and well-being for millions of women—and the difference between life and death for many. While views on abortion remain nuanced and complex, a majority of the American public stands firmly on the side of preserving a woman’s right to control her own body. The most rational, equitable way forward would be for Congress to enshrine abortion rights in federal law. That is not going to happen any time soon; leading Republicans in the House will thwart any legislative moves to ensure these rights. That’s why the most promising avenues for action will be at the state level through ballot initiatives. …

Allowing individual states to regulate women’s reproductive rights does have practical and philosophical flaws. It establishes a patchwork system that risks sowing confusion and uncertainty, potentially undermining the care women receive—or fail to receive. It also makes a mockery of the concept of inalienable rights. The right to control one’s body should not depend on whether one lives in Alaska or Maine as opposed to Tennessee or Texas. …

So the push on the federal level for reproductive rights should continue. There are steps that the Biden administration can take on its own, and voters should keep the pressure on Congress. But whatever happens in Washington, enshrining abortion access in state constitutions through ballot measures is a vital pursuit, and one that will help insulate a growing number of Americans from shifting political whims.

–The New York Times, January 7, 2023