Legal experts say it’s unlikely that California’s proposed Proposition 1 would remove limits for when abortions are allowed. It seeks to protect abortion rights that are in place, not expand them.
Erwin Chemerinsky, dean of the University of Califrnia, Berkeley School of Law, told thethat the state’s Constitution is currently being interpreted as protecting abortion rights and yet there are restrictions after viability.
If the amendment passes and is challenged in court — a likely scenario — it’s unlikely that courts would remove all restrictions for abortion, said Mary Ziegler, a legal historian and professor of law at the University of California, Davis School of Law. She said recognizing something as a right does not mean that courts will remove limits on it.
If passed by voters, the constitutional amendment would not change existing state laws, which already outline when abortions can be performed.
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