Reclaiming Rights: State-Level Battles, Ballot Initiatives, and the Fight for Reproductive Freedom After Dobbs

Abstract

The fall of Roe v. Wade did not end the fight over abortion in the United States. It relocated it. After the Supreme Court’s decision in Dobbs v. Jackson Women’ s Health Organization (2022), the battle over abortion rights moved decisively to the states, where ballot initiatives emerged as one of the few viable tools for securing or restoring access to abortion care. This thesis examines how direct democracy has become the central mechanism for advancing abortion access in post-Dobbs abortion politics. It asks: How do legal frameworks, partisan environments, and campaign strategies interact to shape the outcomes of pro-abortion rights ballot initiatives?

Using a comparative qualitative case study approach, the project analyzes three states–Kansas (2022), Ohio (2023), and Missouri (2024)–chosen for their unique combinations of legal constraints, public consensus, and partisan control. It draws from legal analysis, public opinion data, campaign materials, and election results to construct a tripartite explanatory model.The thesis argues that the success or failure of these initiatives depends not only on public support, but on the interaction between (1) legal frameworks (e.g., ballot access rules and judicial review), (2) partisan environments (including legislative hostility and electoral manipulation), and (3) campaign strategy, especially the ability to frame abortion in culturally resonant, cross-partisan terms.

This framework highlights how structural constraints, political asymmetries, and rhetorical tactics collectively shape the possibilities for reproductive rights in a fragmented legal landscape. Findings suggest that while direct democracy has created powerful openings for reproductive rights victories, even in conservative states, it also exposes broader structural asymmetries in American democracy. The thesis concludes with policy recommendations for future advocacy (movement actors and lawmakers), emphasizing the need for durable infrastructure, inclusive coalition-building, and institutional reform to meet the challenges of a post-Roe era.