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Wednesday, December 11, 2024

Debate over abortion amid high-stakes state Supreme Court seats

By Andrew DeMillo, Associated Press 

LITTLE ROCK, Ark. (AP) — Abortion and reproductive rights have been central to the races for president and governor in North Carolina, a battleground state that has more moderate abortion restrictions than elsewhere across the South.

That’s been even truer in the fight for a seat on the state Supreme Court that abortion rights supporters say will play an important role in determining whether Republicans can enact even more restrictions. Registered Republicans currently hold five of seven seats and could expand that majority even further in Tuesday’s election.

Justice Allison Riggs, a Democrat who is running for reelection, is focusing heavily on the issue and touts her support for reproductive rights. Her first television ad featured images of Lt. Gov. Mark Robinson, the Republican nominee for governor, who prefers to restrict abortions earlier than the current 12 weeks. She says her GOP rival for the court could be a deciding vote on the bench for such restrictions.

“This is an issue that is landing in front of state Supreme Courts, and it is one that is very salient to voters now,” Riggs said in an interview.

Her Republican opponent, Court of Appeals Judge Jefferson Griffin, said Riggs is saying too much about an issue that could come before the court.

“I think it’s an inappropriate manner, a clear violation of our judicial standards, our code of conduct,” he said.

Debate over abortion amid high-stakes state Supreme Court seats
A supporter holds a sign before Democratic presidential nominee Vice President Kamala Harris arrives to speak at a campaign rally Wednesday, Oct. 30, 2024, in Raleigh, N.C. (AP Photo/Allison Joyce)

The North Carolina race emphasizes how much abortion is fueling expensive campaigns for Supreme Courts in several states this year. Groups on the right and left are spending heavily to reshape courts that could play deciding roles in legal fights over abortion, reproductive rights, voting rights, redistricting and other hot-button issues for years to come.

Experts say the campaigns show how the U.S. Supreme Court’s 2022 decision overturning constitutional abortion protections that had been in place for half a century has transformed races for state high courts.

“What Dobbs did was made clear to both political stakeholders and the public that these state courts that hadn’t got a lot of attention are actually going to be really important and they’re going to be deciding some of the biggest cases that people might have expected to go to the U.S. Supreme Court,” said Douglas Keith, senior counsel in the judiciary program at the Brennan Center, which has tracked spending on state court races.

Thirty-three states are holding elections for 82 Supreme Court seats this year. The 2024 election cycle follows record-breaking spending for judicial races in Wisconsin and Pennsylvania last year.

Groups on the left have ramped up their spending on state courts considerably this year. The American Civil Liberties Union has spent $5.4 million on court races in Montana, Michigan, North Carolina and Ohio. Planned Parenthood and the National Democratic Redistricting Committee earlier this year announced they were collectively spending $5 million, focusing on court races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas.

“We have never invested this heavily in state Supreme Courts before,” said Katie Rodihan, spokesperson for Planned Parenthood Votes. “This is really a groundbreaking move for us, and I expect this will be the norm for us moving forward.”

The targets include Ohio, where Republicans hold a 4-3 majority on the court. Democrats are defending two seats on the court, while a third is open, and Democratic victories in all three races are considered a longshot in the Republican-leaning state.

Control of the court could be key if the state appeals a judge’s ruling that struck down the most far-reaching of the state’s abortion restrictions. The ruling said the law banning most abortions once cardiac activity is detected — as early as six weeks into pregnancy and before many women know they’re pregnant — violated a constitutional amendment approved by voters last year that protected reproductive rights.

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