As usual, California leads the way:
On Monday, the Democratic-controlled Legislature gave final approval to a measure that would put [abortion] before the state’s voters, in the latest countermeasure aimed at the U.S. Supreme Court’s decision to overturn Roe vs. Wade.
Senate Constitutional Amendment 10 by Senate President Pro Tem Toni Atkins (D-San Diego) would, if approved by voters, further codify the state’s already progressive reproductive rights, which grant anyone of reproductive age “the fundamental right to choose to bear a child or to choose and to obtain an abortion.” Currently, those rights in California are held up by case law and statutory laws, but Atkins said hostile attacks on abortion access convinced her those aren’t enough.
I believe this will pass. Legally, it's not clear to me how much difference it makes since Dobbs gives state legislatures supremacy on abortion regardless of whether the language is statutory or constitutional. But it might make a difference someday, so it's a good idea to get it down in black and white now, while the getting is good.
It means, should there ever become a Republican majority in the state legislature and a Republican governor (something I don't see ever happening) they can't simply pass a law to outlaw abortion in CA.
"But it might make a difference someday, so it's a good idea to get it down in black and white now, while the getting is good."
Yes. Alito essentially said to women: "We know that you have been treated like persons for a while. That was wrong. From now on you are just incubators." That needs blunt rebuttals.
Florida voters added an amendment to their state constitution to protect the right to privacy and abortion, but that hasn't stopped the GOP legislature from just ignoring it.
To be sure, the Florida legislature routinely ignores voter initiatives it doesn't like. See ex-felon re-enfranchisement, medical pot, redistricting...
Their strategy is simple but it works: When the election goes the way they want, they follow the results. When it doesn't, they tell the voters to go fuck themselves. So far the voters haven't done anything about it.
it's not clear to me how much difference it makes since Dobbs gives state legislatures supremacy on abortion regardless of whether the language is statutory or constitutional
I don't agree with this characterization. The court, if I understand correctly*, merely ruled abortion isn't a protected right under the United States Constitutuion. That's not the same as saying state legislatures are "supreme" on the issue, althogh, yes, until the Republican Congress gets around to banning it, state legislatures can act.
*IANACL
There is nothing to ban. You still don't get it.
Why would this matter unless people wanted to ban it?
Legalislation guaranteeing legal abortion in California is not enough. They also need tohave "defensive" laws, protecting women and medical prectiotioners that perform abortion in California from legal harassment coming from the crazy states.
IDK about the "Dobbs gives... supremacy" part. But that doesn't make any difference. When the Rs win a trifecta and pass a Federal abortion ban, the Supremes will affirm that it's the law of the land and that CA can go fuck itself.