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FACT BRIEF

Did a state judge rule against making abortion a constitutional right in Nevada?

By Tabitha Mueller on 12/08/2023

NO

Though a Nevada judge blocked a ballot initiative “establishing the fundamental right to reproductive freedom” from being placed on the 2024 ballot, he did not rule against making abortion a constitutional right in principle.

District Court Judge James Russell ruled that the proposed ballot question — which would have guaranteed a right to “all matters relating to pregnancy,” including birth control, abortion care and prenatal care — violated Nevada law because it was too broad for a single ballot question. He also said the question's implications were unclear and would implicitly require a funding source.

The Nevadans for Reproductive Freedom PAC spearheaded the ballot measure and is affiliated with Planned Parenthood’s advocacy arm. The PAC plans to appeal Russell’s ruling to the Nevada Supreme Court.

Four states (California, Vermont, Ohio and Michigan) have enshrined abortion protections into their state constitutions. Eight others will vote on similar ballot measures in the 2024 election.

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