Nevada judge approves abortion ballot measure language

A Nevada judge on Tuesday approved the language of a proposed ballot measure that would enshrine abortion as a constitutional “right” in that state.

Carson City District Judge James T. Russell approved the language filed by the political action committee Nevadans for Reproductive Freedom, two months after he rejected a broader petition request from the group on the basis that the amendment language had a “misleading description of effect.”

This current amendment request was narrowed based on Russell’s previous comments. 

The proposed constitutional amendment would declare a “right” to abortion until fetal viability – which is an arbitrary guideline placed around 23 to 24 weeks. It would also apply in cases to protect the life or health of the mother. Though abortion is already codified into law up to 24 weeks in the state, a constitutional amendment would cement this status and make it harder for lawmakers to pass laws in the future protecting preborn children. 

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Following Russell’s initial rejection of the proposed amendment language last November, Nevadans for Reproductive Freedom appealed his ruling to the Nevada Supreme Court, while submitting the revised language as a separate, second effort. While the coalition praised Russell’s decision to approve the latest amendment attempt, the group is also hopeful that the Supreme Court rules in their favor, allowing them to push the even broader “misleading” measure before voters. 

“We remain confident that the Nevada Supreme Court will recognize that our initial petition meets all requirements under Nevada law and will quickly issue a favorable ruling on our pending appeal,” said Nevadans for Reproductive Freedom President Lindsey Harmon, who is also the executive director of Planned Parenthood Votes Nevada.

Jason Guinasso, attorney for the Coalition for Parents and Children PAC, said he was disappointed in Russell’s decision to approve the language. 

“Nevada voters deserve to know what the proposed Constitutional amendment is intended to do to change Nevada law protecting a women’s right to abortion and how it will negate or modify existing statutes protecting the abortion rights of women in Nevada and how Nevada taxpayers will pay for their proposed change in the law,” Guinasso wrote.

With the judge’s approval, the pro-abortion group can now start collecting petition signatures in an attempt to get the ballot measure on the November ballot.

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