Judge Tosses New York Abortion Rights Ballot Measure

Politico reports:

A measure that would codify abortion rights in the New York constitution, as well as other equal rights, was tossed off the ballot Tuesday, a blow to Democrats’ efforts to get the question to voters in November.

A conservative judge in upstate Livingston County rejected the measure in a court ruling, questioning the legality of the ballot question. Democrats hope the measure will drive out turnout in a critical election year where New York will have a half dozen battleground House seats that could determine control of the chamber next year.

Democrats plan to appeal with the assumption that Democratic-dominated higher courts will eventually let the ERA stay on the November ballot. But for now, the decision in the lawsuit brought by Assembly Republican Marjorie Byrnes handed Republicans some momentum on the issue.

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Marjorie Byrnes [photo] was first elected in 2018 when she unseated the GOP assemblyman who had filled the seat of a different Republican who was posthumously elected after dying by suicide amid fraud charges.

“This is a disappointing court decision, but we will appeal because NYers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.” – @TishJames on measure codifying abortion rights thrown off ballot:https://t.co/MG709nCDxl

— Sally Goldenberg (@SallyGold) May 7, 2024