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Rachel Rebouché, Professor of Law, The University of Texas at Austin

2026’s abortion battles will be fought more in courthouses and FDA offices than at the voting booth

Abortion FDA United States New York Texas the Alliance for Hippocratic Medicine
Medication abortions are increasingly common in states with abortion bans. Anti-abortion forces are pushing the courts and the White House to gut that access. Charlie Neibergall/AP Images

In 2026, the biggest battles over abortion will not be at the polls.

There will be a few contested measures on state ballots. Next year, Nevada’s government will ask residents to approve constitutional protection for abortion rights for the second time, as required by state law. The same measure passed in 2024 with just over 64% of the vote.

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