The U.S. Supreme Court’s likely overturning of the 1973 Roe v. Wade decision has put abortion on the front pages again. The final wording won’t come out until June. But it will likely only return the matter to where it was in 1972—at the discretion of state legislatures.
A two-thirds vote in both the Senate and the Assembly is needed to put a constitutional amendment before voters. That seems almost certain as Democrats currently wield supermajorities of more than two-thirds in both houses.
However, if that happens, it would be a “heads I win, tails you lose” situation. If the amendment passes, then abortion remains legal and is part of the state constitution. If it loses, then abortion remains legal because SB 1301 would remain in effect.
Explained Gov. Hiram Johnson, who propelled the reforms of 1911, “I do not by any means believe the initiative, the referendum, and the recall are the panacea for all our political ills, yet they do give to the electorate the power of action when desired, and they do place in the hands of the people the means by which they may protect themselves.”
It’s debatable whether this system has made the legislature more irresponsible, because they can just pass the buck to voters; or has allowed citizens to correct the irresponsible actions the legislature would have perpetrated no matter what. In any case, if Roe had not been handed down in 1973, by now California probably would have had several initiatives on abortion, much as we do every few years on taxes, rent control, and the death penalty.
With the legislature held in such low regard by voters, the abortion question best should be handled by the voters themselves. With two questions on the ballot, as above.
If just one question is put on the ballot, affirming Roe, it’s guaranteed the issue will crop up again in 2024, with a pro-life constitutional amendment on the ballot entirely repealing all state laws allowing abortion. Both sides of the issue currently are energized. That makes Nov. 8 the time for Dueling Initiatives on the issue. Let the people decide.