Opinion by Ruth Marcus: Why I fear Indiana, not Kansas, charts the future of abortion rights in America
on many state supreme courts to come up with — or stick with — similar rulings; state Supreme Court justices are elected in 38 states now, and those races are increasingly ideological. And a referendum to uphold the status quo, as was the situation in Kansas, might be more appealing to voters than one to change it.
The real problem is elsewhere, about 16 states, where Grumbach and Warshaw found “big differences between what the people … want and the laws that their legislatures have adopted.” There — thanks to partisan redistricting — the views of the majority won’t matter. So forgive me for doubting claims that antiabortion lawmakers, having achieved what they said they wished for, will end up retreating from the extremist positions they staked out on abortion. In this fairytale version, the U.S. abortion status quo will coalesce around something like European norms, with abortion available until around 15 weeks
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