New protections for abortion rights were achieved in the first major election after Roe. Three states approved measures to increase constitutional protections to guarantee access to the procedure.

Driving the news: California and Michigan backed ballot measures that made it virtually impossible for state legislators to pass bans.

According to the Associated Press, Kentucky voters rejected a proposal amendment that would have established a constitutional right for abortion in the state.

State of play: Projected results send a powerful and positive message that the public believes that “this health service should remain legalized and accessible,” stated Elisabeth Smith (director for state policy advocacy at the Center for Reproductive Rights).

Smith said that Roe was not an option and that state constitutions were the best way to ensure access and protect abortion rights.

Another side: Ballot initiatives don’t seem to be a strong suit for anti-abortion groups. They claim this is because they are outspent in political ads by abortion rights organisations.

Marjorie Dannenfelser is president of Susan B. Anthony Pro-Life America. This organization is one of the largest anti-abortion groups in the U.S.

The big picture: Both sides of the abortion debate have zeroed in upon midterm elections. This draws attention to the fact that states can still exercise their rights without federal protections.

Elizabeth Nash, the Guttmacher Institute’s lead state policy analyst, stated, “To see the court kind of step in and overturn rights people thought were secure then it means that people realize that they need their policiesmakers to reflect their real values.”

Nash said that abortion without Roe has “become part of the political discourse in an a way it just hasn’t been” in recent years.

Keep in mind: Although abortion is often viewed as a state issue by Republicans, the Supreme Court opinion gave “elected representatives” the authority to regulate abortion.

The U.S. Congress has the final say.

Zoom in: If Republicans regain control of at least one of the chambers, they will vote on a nationwide ban or restriction on abortion.

Dannenfelser, of SBA Pro Life America said that such a bill would be “our top priority”. He also mentioned close ties with top Republican leaders.

Michigan

According to the Associated Press, voters approved a constitutional amendment that would allow for “reproductive freedom,” which includes protecting access to abortion in the state.

The petition to add the amendment on the ballot received the most signatures of any state ballot initiative.

The amendment, which goes into effect 45 days after the election, effectively blocks the enforcement of the state’s 1931 preRoe abortion ban but does not repeal it according to Steven Liedel (legal counsel for Reproductive Freedom for All), which campaigned for Prop 3.

Michigan law must be repealed by the state legislature. Citizens can also initiate the process to reject the law. Or, there may be an executive branch action such as a notice sent from the attorney general.

California

California voters approved a state constitution amendment that would allow a person to have an abortion. California already has a law protecting abortions before viability.

This amendment protects individual reproductive autonomy. It states that “[t]he State shall not deny or interfer with an individual’s most intimate decisions regarding their reproductive freedom,” which includes having an abortion and using contraceptives.

Vermont

According to the Associated Press, voters overwhelmingly supported an amendment that would protect abortion access in the state constitution.

The amendment says that an individual’s right of personal reproductive autonomy is fundamental to one’s liberty and dignity to decide their own life path. It shall not be denied or infringed except when justified by a compelling state interest achieved using the least restrictive means.”

Kentucky

The state has two abortion bans and voters are looking at a state constitution amendment to make it impossible for abortion access to be protected.

The amendment proposed would add a sentence in the state constitution to say that “[t]o preserve human life, nothing shall be construed as securing or protecting a right or requiring the funding of abortion.”

It is too close to call.

Kentucky, after Kansas, would be the second post-Roe state to reject an anti-abortion measure on the ballot if the measure fails.

The state Supreme Court can reject the amendment and nullify Kentucky’s abortion bans. These are currently facing legal challenges.

In August, the highest court of the state denied an appeal by abortion rights advocates to stop a ruling by an appellate court allowing two abortion bans in the state. It decided, however, to hear oral arguments in this case on Nov. 15, to decide the constitutionality and validity of the laws.

“The Kentucky Supreme Court scheduled oral argument on the trigger ban post election for a reason. “They want to hear what Kentuckians have said in the General Election before deciding the fate of pregnant women across the Commonwealth,” Angela Cooper, spokesperson for ACLU of Kentucky, said.

They’re saying this: Sara Tabatabaie (chief political officer of #VOTEPROCHOICE) stated that if the amendment is passed, abortion rights groups would continue to target states like Kentucky in future election “because we know there’s an option to regain ground.”

Montana

Montanans will vote on a law that would allow infants to be “born alive” at any stage in a pregnancy and would also impose criminal penalties on health care providers who fail to provide the necessary support for their lives, even if it is not viable.

The race has yet to be called.