Voters boost abortion rights in several states

In June 2022, the U.S. Supreme Court overturned the 1973 Roe v. Wade decision and the 1992 Planned Parenthood v. Casey decision, eliminating the constitutional right to an abortion and leaving the legality of abortion up to individual states.

Since then, fourteen states have banned abortion while six other states, including California, Kansas, Kentucky, Michigan, Montana, and Vermont, have passed ballot measures protecting abortion rights. On Tuesday, several states voted to boost abortion rights, either by electing Democratic leaders or passing supportive ballot measures.

Virginia

Currently, Virginia allows abortions to occur until the second trimester, or around 26 weeks, of pregnancy. Recently, Gov. Glenn Youngkin (R) supported a proposal to ban abortions after 15 weeks, barring certain exceptions. He campaigned heavily with Republicans in an effort to gain control of the state legislature and potentially pass the proposal.

However, Democrats on Tuesday gained control of the state House of Delegates while maintaining their control of the state Senate, making it unlikely for the proposal limiting abortion rights to pass any time soon.

"Abortion is an issue that motivates and turns out Democrats, and that advantage for them is not going to fade," said Tucker Martin, a longtime Republican political strategist in Virginia.

Kentucky

In Kentucky, voters re-elected Gov. Andy Beshear (D) over the state's Attorney General Daniel Cameron (R), who opposes abortion rights and has defended the state's strict abortion laws in court.

Last year, voters in Kentucky also rejected a ballot measure that would have explicitly stated that the state constitution contains no right to an abortion.

Pennsylvania

With abortion policy moving to state legislatures and courts, abortion rights advocates have begun focusing on state Supreme Court races.

In Pennsylvania, Dan McCaffrey, a Democrat, won an open seat on the state Supreme Court over Carolyn Carluccio, a Republican. McCaffrey had run ads promising to defend abortion and voting rights during his campaign.

According to the Wall Street Journal, McCaffrey's win reinforces an existing Democratic majority on the Pennsylvania Supreme Court.

Ohio

In Ohio, voters approved an amendment to the state constitution that would protect reproductive health decisions, including abortion until at least fetal viability, or around 23 weeks of pregnancy. The passage of this measure means that the approximate six-week abortion ban signed by Ohio's governor in 2019 — which has been tied up in court for most of the year — will not be able to take effect.

According to Kelly Hall, executive director of the Fairness Project, the amendment's passage shows that voters in a red state are supportive of abortion protections.

"Ohio is the first state that I really think we can put in that red column that has said, 'We can go on offense, and we can win,'" Hall said. "And that is an inspiring example that shines a light on the path for other red states."

"What you're seeing in these limited results is that the issue of abortion has actually grown in saliency," said Tom Bonier, from the Democratic voter data firm TargetSmart. "People have had more than a year to live with the Dobbs decision, and the lived reality is more stark and more impactful than anyone had anticipated."

According to the Wall Street Journal, the passage of the amendment in Ohio is likely to boost efforts to put abortion rights on the ballot in other states next year. Some states that could consider abortion rights in the 2024 elections include Arizona, Florida, Nevada, Nebraska, Missouri, Iowa, and Colorado.

Ohio legalizes recreational marijuana

On Tuesday, Ohio voters also passed a ballot measure to legalize recreational marijuana, making Ohio the 24th U.S. state to do this. Previously, Ohio legalized medical marijuana in 2016.

The measure, which will take effect in 30 days, will allow individuals ages 21 and older in the state to use, grow, or sell marijuana under a state regulation-and-tax program. According to the measure's supporters, the change will make regulating marijuana "like alcohol."

In 2024, several other states, including Florida, Nebraska, and South Dakota, may also consider ballot measures on recreational marijuana. HHS also recently recommended the Drug Enforcement Administration "reschedule" marijuana, which would reduce restrictions on its use.

Texas voters approve tax exemptions for medical manufacturers

In Texas, voters passed a measure to exempt school districts, cities, and counties from collecting property taxes on the value of equipment and inventory owned by medical and biomedical product manufacturers.

According to the Dallas Morning News, biotech is a growing industry in Texas, and eliminating this tax on medical and biomedical equipment will help boost its growth. The measure was also supported by both the Texas Medical Association and the Texas Health and Bioscience Institute. (Zitner/Kusisto, Wall Street Journal, 11/8; Sable-Smith, KFF Health News, 11/8; Vozzella/Armus, Washington Post, 11/8; McCammon, NPR, 11/8; Bland, NBC News, 11/7; Owens/Kight, Axios, 11/8; Harper, Texas Tribune, 11/7; Dallas Morning News [subscription required], 10/23)

Trilliant Health recently published a  list of 10 trends shaping the healthcare economy in 2023. The data in the report support many of our own predictions, but are light on actionability, so for each trend, Advisory Board has provided resources to help stakeholders navigate today's healthcare economy.