Judge blocks New York abortion amendment over procedural error

A New York Supreme Court judge has blocked an attempt by abortion advocates to proceed with a ballot initiative seeking to enshrine abortion as a ‘right’ in the state’s constitution, ruling that a procedural error was made in advancing the proposed measure.

New York’s Equal Protection of Law Amendment would outlaw discrimination based on “pregnancy, pregnancy outcomes, and reproductive health care and autonomy,” which many warn would therefore allow abortion for any reason. However, in his ruling State Supreme Court Justice Daniel J. Doyle declared the proposed amendment “null and void” because state lawmakers committed an error in approving the amendment’s language before the state attorney general could issue an opinion on the measure, thereby violating proper procedure.

“The constitution is the supreme will of the people,” Doyle said in his ruling. “This court cannot condone the actions taken by the Legislature in derogation of the expressed will of the people…. The Legislature’s vote … prior to receiving the opinion of the attorney general frustrated the deliberative process intended by the people in [the state Constitution].”

READ: New York state budget funnels $36M to abortion businesses as AG sues pregnancy centers

GOP Chair Ed Cox praised the decision. “Once again the legislature and Governor Hochul are found to have violated the state constitution,” Cox said in a statement. “In their rush to pass this amendment, the Legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state.”

Attorney General Letitia James said the state plans to appeal the decision. “In New York, the Equal Rights Amendment was advanced to protect people’s fundamental rights like reproductive freedom and access to abortion care,” James said on X. “The decision to strike the ERA from the ballot in November is disappointing, and we’re appealing to defend New Yorkers’ rights.”

According to Catholic News Agency, if the state loses an appeal and the judge’s decision stands, abortion advocates would have to start over again in their attempt to secure an amendment. This would involve both chambers of the Legislature approving the proposed language two years in a row before it would go before voters.

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