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Judge blocks New York abortion rights amendment due to go before voters | New York

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A new York A judge on Tuesday blocked a politically important abortion rights amendment from going before voters on the November ballot, dealing a setback to Democrats as the party turned to battleground races in the state over abortion access.

State Supreme Court Justice Daniel J. Doyle found that state lawmakers failed to follow procedural rules for adopting constitutional amendments by improperly approving the amendment before receiving a written opinion on the language from the attorney general.

Democrats passed the Equal Protection Amendment last year to ban discrimination based on “pregnancy results” or “gender expression” — provisions designed to protect abortion rights and a person’s right to seek gender-affirming care. The amendment would not expressly preserve a woman’s right to have an abortion, but supporters said it would have the practical effect of protecting reproductive rights.

The decision is a blow to New York Democrats, who have tried to boost turnout by carving out a key battleground for House races around abortion access, betting that their base will be encouraged to vote to protect abortion rights after Roe v. Wade was overturned.

The lawsuit was filed by Republican state Assemblywoman Marjorie Burns, who said Democrats did not follow state rules for approving a constitutional amendment.

The attorney general’s office did not immediately comment.

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