A bill that would have added abortion rights and other left-wing issues to the New York constitution was removed from the ballot.
The news is a major blow for Democrats hoping to get voters to weigh in on the topic in November, as reported by Politico.
The initiative was defeated in a court ruling by a conservative judge in upstate Livingston County.
The judge questioned the constitutionality of the ballot question.
Six House districts up for grabs in New York that could decide chamber control next year.
Democrats are hoping the proposal will increase voter turnout in a pivotal election year.
The Democratic Party intends to file an appeal.
The appeal will be on the grounds that the ERA, along with similar measures in other states, will be allowed to remain on the November ballot by the Democrat-controlled Supreme Court.
Democrats have been making plans to spend $20 million to disenfranchise voters by highlighting the ERA and how it codified abortion rights into the Constitution.
In a statement, Attorney General Tish James said:
“This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.”
Republicans gained momentum on the issue, however, in the interim, as a result of the ruling in the lawsuit filed by Assembly Republican Marjorie Byrnes.
In a statement, state GOP Chair Ed Cox said:
“Once again the legislature and Governor Hochul are found to have violated the state constitution.
“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.”
According to Byrnes, the Democrats skipped several necessary procedures before submitting the amendment to the voters.
The state constitution states that the attorney general is to be given 20 days to provide an opinion.
The AG will respond to whether the proposed amendment contradicts other provisions of the Constitution before lawmakers vote on it.
The modification was brought up for consideration and ultimately approved on July 1, 2022, before the provision of an opinion.
In an interview earlier this year, Byrnes said:
“In order to amend the constitution, the majority violated the constitution.”
Democrat arguments that they had substantially complied with constitutional requirements were rejected by Supreme Court Judge Daniel Doyle.
In his ruling, Judge Doyle wrote:
“’Substantial’ compliance is not compliance, and this Court cannot condone actions taken by the Legislature in derogation of the expressed will of the People.”
