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Tags: democrats | new york | abortion | amendment | procedures | courts | ballot

Ruling Removes N.Y. Abortion Amendment From Ballot

By    |   Wednesday, 08 May 2024 10:10 AM EDT

New York state's Equal Rights Amendment, which would enshrine the right to an abortion, will not be on this November's ballot after a judge's ruling found lawmakers did not follow the appropriate procedures to pass it.

State Supreme Court Justice Daniel J. Doyle on Tuesday sided with GOP Assemblymember Marjorie Byrnes and ordered the amendment removed from the ballot, agreeing there had been a procedural misstep taken by the legislature two years ago over the timing of a review by Attorney General Letitia James, reports The City.

According to the state constitution, when the legislature proposes a constitutional amendment, the resolution must go to the attorney general so an opinion can be rendered in writing about how the proposal would affect other constitutional provisions.

Lawmakers can only vote on the bill after the opinion is rendered, Doyle said, but James' agreement on the proposal came five days after the legislature passed the amendment.

Doyle's ruling is "an important check on the legislature," Christian Browne, an attorney for the plaintiffs, said.

"This isn't the express line," he said. "You have to introduce the amendment and wait for the opinion to come down. The constitution is supreme, not the legislature. The legislature has to follow the rules. If they follow the rules, they can pass whatever they'd like."

Browne said he expects the decision will be appealed, with the defendants requesting the timeline be expedited so a decision will be reached before the November election.

State Republican Party Chair Ed Cox congratulated Byrnes while criticizing New York Gov. Kathy Hochul and Democrats.

"In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state," he said.

Hochul, though, said the fight to "protect equality and reproductive freedom will not be thrown off track by one extremist judge."

"I look forward to casting my ballot for the Equal Rights Amendment in November," she added.

Amendment advocates also called the ruling unfair, pointing out other constitutional amendments have appeared on ballots before an attorney general issuing an opinion on them.

"More than a dozen constitutional amendments have proceeded in this exact manner in the last 50 years and all made it on the ballot," said Andrew Taverrite of New Yorkers for Equal Rights. "This ruling is nothing but a baseless attack by the anti-abortion minority, and we are confident it will be overturned on appeal."

Lawmakers in New York moved quickly on the abortion amendment, with lawmakers voting just a week after the Supreme Court's decision in the Dobbs v. Jackson Women's Health Organization case, which effectively overturned the Roe v. Wade decision on abortion.

The Equal Rights Amendment also includes protections against gender or gender identity discrimination.

Sandy Fitzgerald

Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics. 

© 2024 Newsmax. All rights reserved.


Politics
New York state's Equal Rights Amendment, which would enshrine the right to an abortion, will not be on this November's ballot after a judge's ruling found Democrats did not follow the appropriate procedures to pass it.
democrats, new york, abortion, amendment, procedures, courts, ballot, roe v. wade
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2024-10-08
Wednesday, 08 May 2024 10:10 AM
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