ALBANY, NY (WENY)--A PROPOSED CONSTITUTIONAL AMENDMENT THAT WOULD HAVE ENSHRINED ABORTION RIGHTS IN THE EMPIRE STATE FACES AN UNCERTAIN FUTURE DUE TO COURT CHALLENGES.

FOLLOWING THE OVERTURN OF ROE V. WADE BACK IN THE SUMMER OF 2022, LAWMAKERS IN ALBANY PASSED A CONSTITUTIONAL CHANGE THAT WOULD BAR DISCRIMINATION OF PREGNANCY OUTCOMES IF PASSED BY VOTERS THIS NOVEMBER.

“I think this will, once it passes, quell any kind of fears that New Yorkers have about taking away their rights to choose,” said Assembly Member Linda Rosenthal (D-Assembly District 67).

BUT THIS WEEK A NEW YORK JUDGE BLOCKED THE AMENDMENT FROM MAKING IT TO THE NOVEMBER BALLOT OVER A DISPUTE ON WHETHER OR NOT THE LEGISLATURE FOLLOWED THE PROPER PROCEDURE TO APPROVE THE AMENDMENT.  

LAWMAKERS ON BOTH SIDES OF THE aisle HAVE DIFFERENT INTERPRETATIONS OF THE LAW REQUIRING A REVIEW FROM THE STATE ATTORNEY GENERAL FOR ANY AMENDMENTS.

DEMOCRATS ARGUE THEY FOLLOWED THE LAW BECAUSE THEY SUBMITTED THE REQUEST TO THE ATTORNEY GENERAL.

REPUBLICANS WHO AGREE WITH THE RECENT RULING SAid THE LEGISLATURE NEEDED TO WAIT FOR AN OPINION BEFORE VOTING.  

“In a way this is what happens when you have one part rule, honestly, you get sloppy. There was a process that could have been followed to get this properly on the ballot and they didn’t follow it,” said Assembly Member Mary Beth Walsh (R-Assembly District 112).

WALSH SAID SHE BELIEVES STATE HAS ENOUGH REPRODUCTIVE HEALTH PROTECTIONS– AND THAT SHE WORRIES ABOUT MAKING CHANGES TO THE CONSTITUTION AS IT WOULD MAKE LEGAL CHALLENGES VERY DIFFICULT.  

“I think people need to really take a deep breath and understand that when they vote yes on a ballot proposition like that it's a permanent change to the New York State constitution that served us pretty well for a few hundred years,” she said. 

SOME DEMOCRATS SAid THEY QUESTION WHY REPUBLICANS ARE TAKING ACTION AGAINST THE BALLOT MEASURE. 

“They can’t win in legislative attempts so they’re going to try to get rid of abortion in this state through maneuvers in court it’s really kind of pitiful,” said Assembly Member Rosenthal. 

 

MANY LAWMAKERS AND THE STATE ATTORNEY GENERAL HERSELF SAid THERE WILL BE AN APPEAL IN COURT ON THIS DECISION.