"If Roe v. Wade is overturned, the consequences will be catastrophic for women across America.
It is critical that we ensure the federal protection of the right to choose now." Lee posted.
The U.S. Supreme Court appears poised to overturn Roe v. Wade this summer with a ruling that would erode federal protections for abortion rights established nearly 50 years ago, refueling the polarizing debate in many of Nevada’s most competitive races.
Though the right to abortion in Nevada is unlikely to be significantly rolled back because of protections codified in state law, the existence of high-profile anti-abortion candidates seeking federal and state office means that Nevada’s 2022 election has the potential to affect abortion access for states throughout the country, according to Alexa Solis, strategic programs manager at Planned Parenthood Votes Nevada.
“Abortion access doesn’t happen in a vacuum, especially now,” Solis told The Nevada Independent. “What happens at the federal level has an impact here at home, and as we’ve seen time and time again, the difference between maintaining the status quo and making actual progress can come down to just a few votes.”
As the Supreme Court outlook makes it increasingly likely that control over abortion regulations will shift to individual states, Republican-led legislatures are imposing more restrictions on abortions — nine states could see pre-Roe abortion bans reinstated. At the same time, Democrat-controlled statehouses are moving to enshrine the right to abortion in state law.
In Nevada, Democratic incumbents have called for Congress to codify protections for abortion into federal law, while many Republican candidates have walked a fine line on the issue in a state where a majority of voters staunchly support abortion rights. Many have attempted to thread the needle between opposing abortion outright and avoiding messaging that would alienate pro-choice Republicans and moderates, but others, such as Republican congressional candidate Noah Malgeri, have been more outspoken, arguing that abortions are “evil” and that the end of Roe could give way to “abortion tourism.”
Anti-abortion voters view a candidate’s stance on the protection of life — from conception to natural death — as a deciding factor when casting a ballot, Nevada Right to Life Executive Director Melissa Clement said in an email. The upcoming Supreme Court decision may present an opportunity to shift the law, but it all depends who is elected to state and federal office, she added.
“If Roe v Wade is overturned it is merely a return to democracy. Each state will then decide its laws related to the protection of the unborn,” Clement said.
Competing views on the issue come in a state where abortion rights have been protected by state law for more than 30 years. In 1990, nearly two-thirds of Nevada voters approved a ballot measure allowing for abortions within 24 weeks of pregnancy — timing that mirrors Roe's protections for abortions before a fetus is viable outside the womb. Recent polling shows a similar share of Nevada voters continue to describe themselves as “pro-choice.”
Approval of the 1990 ballot measure means only a direct majority vote from the people could overturn that protection for abortions. In Nevada, access to abortions would be unaffected by overturning Roe. But if the nation's highest court does weaken or overturn the protections provided by Roe, Nevada could become a refuge for abortion seekers living in red states prepared to significantly limit access to abortion.
Anti-abortion advocates also view the Supreme Court’s decision as having the potential to set off a domino effect that could galvanize voters to overturn the Nevada laws surrounding abortion protections.
“Nevada will see little change until there is a referendum on whether Nevadans support abortion for all nine months of pregnancy for any reason,” Clement said. “Once Nevadans vote this concept down, state legislators can then take up the question whether limits should be placed on abortionists and whether the unborn and their mothers should be protected.”
The decision has already set the stage for a fight in Congress, where Nevada Democratic delegates are pushing for a measure to codify Roe's protections at a national level.
“The urgency of this moment cannot be overstated. We must act now because if Roe is overturned, the consequences will be catastrophic,” Rep. Susie Lee (D-NV) wrote in a Las Vegas Sun column in January.
Though the effort to codify Roe failed to advance through the Senate, Lee and Sen. Catherine Cortez Masto (D-NV) have raised the alarm that the stakes for abortion rights have never been higher, and Democrats are using those stakes to mobilize voters during the 2022 election.
Solis and other advocates are also watching the races closely.
“If we’re ever going to get the federal protections for abortion rights and access that we so desperately need, ensuring that congressional and Senate seats in Nevada are filled by reproductive health and rights champions is vital,” Solis said.
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