Democrats Voting Abortion Law: Who And How Many?

Abortion rights have been a significant topic in the 2024 US elections, with 10 states including Arizona, Florida, and Nevada, set to have abortion-related questions on the ballot. While Democrats have made restoring federal abortion protections a key argument in their campaign, the issue's impact on election results is uncertain. In Arizona, for instance, voters are increasingly indicating that they plan to support both the abortion-rights measure and Republican candidates. Overall, while almost all Democrats in Congress support abortion rights, about three in ten Democrats do not agree with their party on this issue.

Democrats lost the Senate vote to codify abortion rights 49-51

On May 11, 2022, the US Senate voted 49-51 against a Democrat-sponsored bill to codify abortion rights into federal law. The bill, called the Women's Health Protection Act, was introduced after a leaked Supreme Court draft ruling in May 2022 jeopardized nearly half a century of constitutional abortion protections under Roe v. Wade.

The vote was largely symbolic, as Democrats mobilized Americans around the issue ahead of the Supreme Court's final ruling, which was expected to overturn Roe v. Wade. The bill needed at least 60 votes to pass, but it was doomed to fail as the West Virginia Democrat Joe Manchin announced he would join the Republicans in voting against it.

The defeat of the bill was met with disappointment by Democrats and pro-choice advocates. Vice President Kamala Harris, the first woman and woman of color to serve in the role, expressed that the Senate failed to defend a woman's right to make decisions about her own body. Senate Majority Leader Chuck Schumer insisted on holding the vote to put Republican senators on record, believing that the Republican Party would suffer the consequences in the upcoming November midterm elections.

The vote highlighted the partisan divide over abortion rights, with all Republicans and one conservative Democrat, Joe Manchin, voting against the measure. The outcome reflected the filibuster dynamic in the Senate, where Democrats held a slim majority but needed Republican support to overcome the 60-vote threshold to pass the legislation.

The failure to advance abortion rights legislation at the federal level shifted the focus to state-level efforts. Several states proposed ballot initiatives to protect abortion rights or restrict access, with voters set to decide on abortion-related measures in the November 2022 midterm elections. The Supreme Court's eventual overturning of Roe v. Wade in June 2022 further intensified the battle over abortion rights at the state level.

The Women's Health Protection Act was defeated

The defeat of the Women's Health Protection Act highlights the ongoing debate and division surrounding abortion laws in the United States. The issue has become highly politicized, with almost all Democrats supporting abortion rights and almost all Republicans opposing them. This divide is reflected in the voting behavior of their respective senators.

The defeat of the act has significant implications for abortion access across the country. With the Supreme Court's 2022 decision to overturn Roe v. Wade, many states have enacted abortion restrictions or bans. The defeat of the Women's Health Protection Act means that these state-level restrictions will remain in place, limiting abortion access for many individuals.

In response to these restrictions, several states have taken steps to protect abortion rights through ballot measures. In the 2024 elections, ten states will have abortion-related questions on the ballot, with voters deciding on issues such as enshrining the right to abortion in state constitutions and allowing abortion until fetal viability. These ballot measures are seen as a way to bypass the state courts and ensure abortion rights are protected at the state level.

The inclusion of abortion on the ballot is also expected to impact voter turnout, particularly among those who support abortion rights. Democrats hope that the presence of abortion on the ballot will bring more people to the polls, especially in competitive races and swing states. However, there is also a risk of "ticket-splitting," where voters support both abortion rights and Republican candidates, as seen in Arizona.

The defeat of the Women's Health Protection Act has significant ramifications for abortion access and continues to shape the political landscape in the United States. The issue remains highly contentious, and the ongoing efforts to protect or restrict abortion rights will likely remain a key focus in the upcoming elections and beyond.

Democrats hope to increase voter turnout by putting abortion on the ballot

Democrats are hoping to increase voter turnout by putting abortion on the ballot in 10 US states in November. This comes in response to the Supreme Court's 2022 decision to overturn Roe v Wade, which led many states to enact abortion restrictions or bans.

The 10 states are Arizona, Florida, Missouri, Montana, Nebraska, Nevada, New York, Colorado, Maryland and South Dakota. In these states, voters will be asked how their state should regulate abortion. Most initiatives in these states would allow abortion until foetal viability, which is generally considered to be around 24 weeks, or later only if the pregnant person's health is at risk.

Democrats hope that putting abortion on the ballot will encourage more people who support abortion rights to show up on election day. This strategy may be particularly effective in swing states such as Arizona, Florida, Nevada and Montana, where Democrats hope that a higher voter turnout will help their candidates.

However, there is a risk that this strategy could also increase turnout among those who oppose abortion rights. In addition, some voters may support both abortion rights and Republican candidates, which could have "weird consequences" for the election, according to one political strategist.

Democrats want to protect abortion access

In 2024, Democrats hope that more people who support abortion rights will show up on election day because the issue is on the ballot in several states. Democrats are also hoping that the issue will give their candidates a tailwind.

Almost all Democrats in the US Senate and House of Representatives stand with their party in supporting abortion rights. Overall, 85% of Democrats and Democratic leaners say that abortion should be legal in all or most cases.

In 2022, 49 Democratic senators voted to pass a bill that maintains the current constitutional standard that allows states to restrict abortions after fetal viability – the stage when a fetus is likely to survive outside the womb. The bill requires exceptions for risks to maternal life or health.

Democrats are against abortion on demand until birth

Democrats are not in favour of abortion on demand until birth. In fact, the majority of Democrats in the US Senate and House of Representatives support abortion rights. However, there are some Democrats who do not agree with their party on abortion, with 3 in 10 taking a different stance.

The Women's Health Protection Act of 2022, proposed by the Democrats, states that abortions can be provided before foetal viability, which is generally considered to be around 24 weeks into a pregnancy. After foetal viability, abortions can only be provided if "continuation of the pregnancy would pose a risk to the pregnant patient's life or health". This means that abortions up until birth would only be permitted in rare circumstances where the mother's life or health is at risk.

Some Republicans have claimed that this bill would allow abortions on demand until the moment of birth. For example, Republican Senator Ted Cruz has said that Democrats support "abortion up until the moment of birth and even, horrifically, after that". However, these claims are inaccurate and ignore the fact that abortions up until birth would only be allowed in extreme circumstances.

The disagreement between Democrats and Republicans centres on the interpretation of the "health" exception. Republicans view these health exceptions as a ""blanket permission" for abortions, while Democrats say it is an exception for life or health.

It is important to note that late-term abortions are rare, accounting for less than 1% of all abortions performed.

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