The abortion rights movement is split over how to restore access to the procedure as it prepares for a series of political fights across the country
also proposed legislation this year to put abortion rights constitutional amendments before voters, but only Maryland’s legislature has approved the measure, teeing up a statewide popular vote in 2024.
Backers of the viability strategy also argue that a constitutional amendment with more specific language could make it harder for anti-abortion lawmakers to find a loophole in the future. “We don’t want medically unnecessary restrictions on abortion, and maybe it’s not surprising that medical groups have to draw a line there. But as advocates, as grassroots organizers, we feel an urgency,” Schwarz said.
Supporters of the ballot measures argue that the proposals’ fetal viability language is broad enough to allow abortions in a range of different circumstances later in pregnancy and leaves the decision up to doctors. Under the proposals, for example, providers would be responsible for deciding whether a fetus is viable based on the facts of the case and whether there is a “significant likelihood” of the survival of the fetus without extraordinary medical measures.
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