State Attorneys General Battle Over Abortion Access Four Years After Dobbs
Four years after the U.S. Supreme Court ended the federal right to an abortion, state attorneys general are using their offices to shape reproductive rights far beyond their own borders, The 19th News reported.
Republican attorneys general from Louisiana, Arkansas, and Alabama recently filed lawsuits before the Supreme Court and in a federal district court against California, Massachusetts, and New York. The suits target liberal state shield laws that protect medical providers mailing abortion medications to patients in states with active bans. Meanwhile, Democratic attorneys general in states like Arizona and Massachusetts have established dedicated reproductive rights units to defend access.
Arizona Voters and Officials Clash Over State Abortion Laws
Arizona Attorney General Kris Mayes, a Democrat, is defending her seat against Republican Warren Petersen, who leads the party in the state Senate. Petersen backed a 15-week abortion ban and supported a pre-statehood law that functioned as a near-total ban. After Arizona voters approved a state constitutional amendment protecting abortion access in 2024, Petersen intervened in court to continue defending aspects of the 15-week ban when Mayes refused. Mayes established the state’s first-ever Reproductive Rights Unit within the attorney general’s office and joined other Democratic officials to challenge federal restrictions on medication abortion.
Georgia Candidates Contest Six-Week Ban in Open Attorney General Race
Georgia’s current GOP attorney general, Chris Carr, unsuccessfully ran for governor this cycle, leaving Republican state senator Brian Strickland and state House member Tanya Miller to compete for the office. Strickland voted for Georgia’s 2019 six-week abortion ban and sought restrictions on medication abortion access. Miller opposes the six-week ban and argues that medical decisions belong between patients and doctors. EMILY’s List President wrote an op-ed in the Atlanta Journal-Constitution urging voters to support Miller.
Kansas Incumbent Defends Record Following Constitutional Amendment
Kansas Attorney General Kris Kobach faces a challenge from Democrat Chris Mann, a prosecutor and former police officer. Kobach has pursued anti-abortion enforcement before the Supreme Court and across the state, despite Kansas voters passing a constitutional amendment protecting reproductive access in 2022. Mann has criticized Kobach’s focus on restricting abortion and pledged to defend the 2022 amendment if elected.
Michigan and Minnesota Prosecutors Defend Access Against Past Statutes
In Michigan, Democratic county prosecutor Eli Savit is running to hold the attorney general’s office against Republican Doug Lloyd and third-party candidates. Savit previously refused to prosecute providers under a state law dating to 1846 and updated in 1931, and he supported a 2022 constitutional amendment protecting reproductive rights. Lloyd has campaigned alongside anti-abortion activists and previously expressed a willingness to prosecute providers despite a court injunction.
Minnesota Attorney General Keith Ellison is seeking a third term against Republican Ron Schutz. Ellison has refused to appeal lower-court rulings striking down abortion restrictions and argued that anti-abortion pregnancy centers lack standing to challenge state laws. Schutz has focused his campaign on immigration enforcement and benefits fraud, stating in a debate that he views abortion access as settled law in Minnesota.
Nevada and Wisconsin Races Shape Future State Protections
Nevada voters are deciding on a ballot measure to add further abortion protections to the state constitution. Democratic state Senate Majority Leader Nicole Cannizzaro supports the ballot measure and sponsored legislation protecting out-of-patient prosecution. She faces Republican Adriana Guzmán Fralick, an attorney endorsed by Gov. Joe Lombardo and Donald Trump, whose campaign website does not mention abortion.
In Wisconsin, incumbent Democrat Josh Kaul is running against Republican Eric Toney after defeating him by less than a point in 2022. Kaul successfully challenged an 1849 criminal abortion ban before the state Supreme Court. Toney, a county prosecutor, stated in their previous matchup that prosecutors should cross county lines to bring abortion-related charges before walking the remark back. Toney stated he will not seek to challenge Wisconsin’s current 20-week abortion law, leaving the issue to voters.
Frequently Asked Questions About the Attorney General Races
Which states are currently litigating shield laws before the Supreme Court?
The Republican attorneys general of Louisiana, Arkansas, and Alabama have sued California, Massachusetts, and New York over shield laws protecting providers who mail abortion medications.
How many states elect their attorneys general?
Attorneys general are elected by voters in 43 states, appointed by the governor in five, chosen by the legislature in Maine, and appointed by the state Supreme Court in Tennessee.
What is the status of reproductive rights amendments in Kansas and Arizona?
Arizonans approved a constitutional amendment protecting abortion access in 2024, and Kansas voters passed a similar constitutional amendment protecting access in 2022.