Abortion rights enshrined in 7 of 10 states

As the dust settles from Tuesday night’s election results, one issue that continues to generate strong reactions across the country is abortion rights. Voters in several states approved measures to enshrine abortion access, but others, including those in Florida, failed. With the future of abortion rights hanging in the balance and a new president with a conservative stance on the issue, advocates and experts are grappling with the “conflicting emotions” surrounding the outcome.

Seven states voted to enshrine abortion rights in their state constitutions, but organizers saw defeats in Florida, Nebraska, and South Dakota, ending an unbroken post-Roe ballot measure winning streak. 

Florida, where a ballot measure to protect abortion rights failed despite receiving 57% of the vote, was a critical battleground. 

“That 57% would have passed in any other state, but Florida’s 60% threshold blocked it,” Jennifer Driver, senior director of reproductive rights at State Innovation Exchange (SiX), said, criticizing the system as inherently flawed for allowing a minority to dictate the will of the majority. 

Florida’s loss, coupled with the state’s existing six-week abortion ban, means that it’s no longer a refuge for people seeking care from surrounding states with more restrictive laws.

Yet, amid the setback in Florida, there were significant wins across the country. In states such as Maryland, Colorado, Nevada, and New York, voters clearly expressed their support for abortion rights. This, Driver pointed out, underscores a key takeaway: Despite the growing shift to the right in national politics, abortion remains one of the few issues where a large majority of Americans want to see the right to choose protected.

One nuance that emerged in this election was Nebraska’s dual ballot measures. While voters approved a 12-week abortion ban, they rejected a measure that would have legalized abortion up to the point of fetal viability. This mixed outcome, Driver explained, highlighted the complex, often contradictory landscape of abortion politics at the state level.

Looking ahead, Driver suggested that, while the federal government’s power to intervene in abortion might be limited, states will continue to play a crucial role. She highlighted the importance of localized elections and the role of abortion funds and grassroots networks in providing care where legal protections are lacking.

Following this election, the U.S. Senate will also have a Republican majority, creating additional challenges for introducing and passing federal abortion rights legislation.

The fight, Driver said, will continue on multiple fronts, including potential efforts to enforce the Comstock Act, which could further restrict access to abortion pills, and the ongoing reshaping of the judiciary through conservative appointments. With these threats in mind, Driver emphasized the importance of strategic state-level organizing, especially in states with a history of restricting abortion access.

In states where abortion rights were rolled back—such as and especially in the South—people will increasingly rely on practical support networks to navigate the complex realities of abortion access. 

“In places like Alabama, where I’m from, abortion rights were already largely a ‘right in name only,’” Driver said. “People had to travel, face financial burdens, and find childcare. Now, with Florida’s loss, it’s even harder.”

Looking forward, Driver stressed the importance of staying focused on local elections, where crucial decisions about abortion access and other reproductive rights will be made in the coming years. 

“There’s a lot of energy and determination on the ground in states like Texas, where voters recently rejected a travel ban, and in Minnesota, where pro-choice legislators have taken bold steps to protect abortion rights,” Driver said. “In the absence of federal protections, state legislatures and local communities are where the fight will be won or lost.”

Dr. Jamila Perritt, the president and CEO of Physicians for Reproductive Health and an OB-GYN in Washington D.C., called the devastation of another Trump presidency “a gross understatement.” 

“Over the course of this campaign cycle, we heard loud and clear that the next Trump administration aims to further punish our communities by engaging in disinformation and misinformation campaigns about sexual and reproductive health care, criminalizing patients and providers of abortion and gender-affirming care, and encouraging and enabling racist, xenophobic violence across the country,” Perritt said in a statement. “We are mourning what this means for our safety, our health, and our well-being.”   

Meanwhile, abortion bans are already causing devastating harm—ProPublica has reported the deaths of four people impacted by abortion bans in Georgia and Texas. While Trump campaigned on not signing a national abortion ban, advocates demand that he keep his word and recognize the harms that have followed from the Supreme Court’s Dobbs decision and work to remedy them.   

“We know that this is just the tip of the iceberg,” Perritt said. “As long as abortion bans and restrictions remain in place, pregnant people will continue to die.”

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