Anonymity and Pro-Abortion-Rights Initiatives and Referenda

Source: The Volokh Conspiracy
by Eugene Volokh

“If the Court indeed holds that the Constitution doesn’t protect abortion rights, the debate will move to state legislation (as well as to state constitutional decisionmaking). And I expect that some of that legislation will be through the initiative and referendum process. My sense from the surveys is that there is a good deal of support even in many majority-Republican states for protecting abortion rights at least in the first trimester — and that in some of them, the voters are more pro-abortion-rights than the state Legislature. Such mismatches between statewide public sentiment and results in the Legislature often do happen, for a variety of reasons; nor do they necessarily reflect anything nefarious: Different modes of legislation aggregate public preferences in different ways.” (06/12/22)