Abortion Rights Are on the Line This Election—Which Offices Matter Most?

After the overturning of Roe v. Wade, access to abortion was left up to each state, opening the floodgates for states to put back in place abortion bans that Roe had kept at bay. So, while the outcome of the presidential race could have an impact on abortion rights nationally, offices up and down the ballot will have an even greater influence over who can get an abortion in specific states. Additionally, right now, abortion-related ballot measures are on the ballot in 10 states, and your vote can make all the difference. It’s not too late to shape the future of these rights—starting locally.

So which races should you look at most closely when you head to the polls? Check out three of the most important but often overlooked offices you’ll see on your ballot this election season. From your local district attorney to state supreme court judge, each vote carries the power to shape your civil liberties and civil rights.

ATTORNEY GENERAL

State attorneys general are the top law enforcement officers of their state. They can issue legal guidance or formal opinions to state agencies, including finding that certain enforcement actions violate state law or constitutional guarantees. Moreover, state attorneys general routinely challenge federal laws and policies in court on behalf of their state, putting them on the front lines of future legal battles over abortion rights. They also have discretion in the cases they choose to prosecute, including bans.

STATE SUPREME COURT JUDGE

State supreme court judges—in 24 states elected or retained by the people in statewide elections—can and often do find that state constitutions protect more rights than the U.S. Constitution, making them a powerful backstop protecting our rights, including abortion rights, against the attacks they face. As more and more states now pass legislation to restrict abortion access, state courts are the final arbiters in deciding whether this legislation is upheld or struck down. In recent years, several state supreme courts have decided major cases about abortion rights, cementing their especially crucial role in protecting reproductive freedom.

STATE LEGISLATORS

State legislators hold tremendous power over our civil liberties, shaping laws that directly affect our rights. Following the landmark Dobbs decision, an increasing number of state legislatures have passed laws restricting access to abortion and other reproductive health services. In some states, legislatures have also successfully expanded access to care, by passing laws protecting reproductive health care and sending abortion rights ballot measures to voters. If voters across the country push through legislation to protect the right to abortion, these successful state measures could drive national change.

At aclu.org/goopvote, you’ll find key state leg and SSC races to find out where candidates are on abortion rights—or check out the “Make a Plan” section for more info on what’s on your ballot.

How to Talk to Your Community About Abortion Rights

The ACLU wants to arm you with the knowledge you need to engage with family, friends, and neighbors on abortion rights and other key issues at stake this election. Access our conversation guide to mobilize and activate your community on the pressing issues ahead of the election. Here’s some advice to start:

1. Create a safe space. A safe conversation is one in which everyone feels comfortable expressing their thoughts and feelings. Offer mutual respect and make the most of common ground.
2. Listen. Be interested in what others have experienced and acknowledge their point of view.
3. Advocate. Inform yourself about the issues that matter to you, so that you can share the facts. Sharing personal stories can also show what’s at stake.

CONVERSATION STARTERS

• With abortion banned in states across the country, the burden falls hardest on pregnant people from Black and Brown communities.
• When these bans are enforced, politicians are threatening to put doctors in jail for providing essential care and women in jail for accessing it.
• Abortion is essential health care—and lifesaving in some circumstances. People from all walks of life need access to abortion care, which one in three women will receive in her lifetime. Read about some of these stories on the ACLU’s website here.

Below, an example question and answer—you can find more of these in the full conversation guide.

Q: I live in a state that’s friendly to abortion rights, so I don’t have to worry about abortion bans, right?

A: No. Ant-abortion rights politicians won’t stop with only banning abortion in only some of the states across the country, they want to completely ban care nationwide and will do so if they are put into power. And if a national ban is passed, state protections for care will be wiped away completely. That’s why this election is so important.

If you want to support the ACLU’s work, you can contribute to protect abortion rights. Let’s use our voices, our networks, and our votes to protect civil liberties and ensure our elected officials hear us loud and clear. When it comes to our rights, the final decision rests with us—not politicians.