A wave of support for abortion rights

By Krista Mahr and Daniel Payne

With Megan Messerly

Ballot counters in Detroit process absentee ballots on Election Day. | Jose Juarez/AP Photo

VOTERS GET BEHIND ABORTION RIGHTS — Republicans remain on track to claim the House majority, but their hopes for a red wave have dimmed as many races remain too close to call. But America’s choices on key health care issues began to take shape overnight as results from several state ballot initiatives and governor’s races were called.

Many of those key votes were big wins for Democrats, with Americans affirming abortion rights in several states after the Supreme Court’s decision earlier this year reversing Roe v. Wade . Medicaid expansion, marijuana legalization and medical debt restrictions were also supported by voters, even in some red states.

Here’s what we know.

— In Michigan , Gov. Gretchen Whitmer defeated Republican opponent Tudor Dixon, and voters passed a measure that overturns a nearly century-old law banning abortion.

— California voters agreed to an amendment that will enshrine the right to an abortion in the state constitution.

— Vermont voters also affirmed a measure to guarantee abortion rights in the state constitution.

— Arkansas voters rejected an initiative that would have made it more difficult to adopt constitutional amendments, a move that could be key to future abortion policy in the state.

— In Wisconsin , Gov. Tony Evers beat GOP challenger Tim Michels, who said in the Republican primary that he backed an 1849 state law that makes it a felony for doctors to perform nearly all abortions.

— In Pennsylvania , Democrat Josh Shapiro, who promised to protect abortion rights, won the governor’s seat, beating out Republican opponent Doug Mastriano.

Some Democratic wins went beyond abortion.

— Medicaid expansion was passed in South Dakota.

— Medical debt legislation was easily passed in Arizona, limiting the amount of interest that can be charged.

— A ban on most flavored tobacco products was passed in California by ballot initiative.

But it wasn’t a clean sweep for progressives across the states.

— While Maryland and Missouri voted to legalize marijuana for people over 21, Arkansas and North Dakota rejected similar proposals.

— In Georgia, Gov. Brian Kemp for a second time beat Democratic challenger Stacey Abrams, who had put abortion rights and Medicaid expansion at the center of her campaign.

WELCOME TO YOUR POST-ELECTION DAY PULSE — Which big calls are you still waiting for? Let us know — and send tips and news — to kmahr@politico.com and dpayne@politico.com .

TODAY ON OUR PULSE CHECK PODCAST , Alice Miranda Ollstein talks with Ben Leonard about the Democrats' big wins in Pennsylvania, with Josh Shapiro being elected governor and John Fetterman winning the Senate seat, and how both made abortion rights central to their campaign. Plus, Alice discusses what we know and what we don't know so far about how motivating abortion rights were at the ballot box.

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California voters chose to make abortion a constitutional right in the state while they re-elected Gov. Gavin Newsom (right). | Damian Dovarganes/AP Photo

THE DOBBS EFFECT — Half of voters said the decision to overturn Roe v. Wade had a major impact on their vote, according to early results of an election-night survey from the Associated Press and KFF.

But health issues aren’t everything, with the survey finding far more people — 47 percent — listing economic issues as the biggest issue facing the country than the 9 percent who said abortion or the 7 percent who said health care.

STATE OF RIGHTS — As the fall of Roe v. Wade takes a prominent place on ballots, a quarter of the country has made abortion illegal, Megan reports .

Election results will almost certainly change — and be changed by — how accessible abortions are around the country. A few changes to the national landscape will become apparent soon, with some states asking voters to weigh in on the issue .

SOUTH CAROLINA LAWMAKERS MAKE FINAL 2022 ABORTION PUSH — South Carolina lawmakers are meeting one final time today to try to hash out a compromise abortion bill after the House and Senate deadlocked on the issue during a special session this summer. If the six-member conference committee reaches a compromise, the Senate will meet to consider the proposal later today, with the House scheduled to go into session on Thursday, Megan reports.

During the last conference committee meeting, GOP state Senate Majority Leader Shane Massey reiterated that the Senate doesn’t have the votes to ban abortion starting at conception; they have only enough to pass an updated version of an existing state law prohibiting abortion after the detection of fetal cardiac activity, which usually starts around six weeks of pregnancy. But House lawmakers have continued to push for a near-total ban.

Lawmakers have until Sunday to reach a compromise or they’ll have to start the process from scratch when the legislature reconvenes in January.

TUNE IN TO THE PULSE CHECK PODCAST: Keep your finger on the pulse of the biggest stories in health care by listening to our daily Pulse Check podcast. POLITICO’s must-listen briefing decodes healthcare policy and politics, and delivers reality checks from health professionals on the front lines. SUBSCRIBE NOW AND START LISTENING .

SCOTUS UNDECIDED ON CMS CASE — The Supreme Court didn’t signal an outcome in a case that could determine patients’ ability to bring lawsuits over federal civil rights law, POLITICO’s Ruth Reader reports.

The case, HHC v. Talevski , focuses on the treatment of Susie Talevski’s father at Health and Hospital of Marion County.

Because the nursing home receives federal Medicaid funding, she argues it violated her father’s rights as spelled out in federal standards of care.

She further contends that citizens can file private lawsuits to enforce civil rights violations.

The court’s ruling — expected before next June — could have major implications for people receiving federally funded services and the lawsuits they can bring over civil rights law.

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ANOTHER LOCKDOWN — The Ebola outbreak in Uganda has prompted another significant lockdown in some areas — after nearly two years of movement being shuttered by Covid-19, POLITICO’s Carmen Paun reports.

The central African country of 47 million has reported 132 infections and 51 deaths from Ebola since September, but the new lockdowns have met more resistance since the pandemic lockdowns led to significant economic losses.

And though the WHO has said the risk of global spread is low, fears have risen since the virus reached the capital city of Kampala. The U.S., like other countries, is screening passengers coming from Uganda.

Joni L. Rutter was named director of the NIH’s National Center for Advancing Translational Sciences. Rutter will lead efforts to speed the translation of scientific discoveries into new treatments and other health interventions.

STAY AHEAD OF THE CURVE: Our Future Pulse newsletter will continue to bring you the biggest stories at the intersection of technology and healthcare, but now five times a week. Want to know what’s next in health care? Sign up for our Future Pulse newsletter. If you aren’t already subscribed, follow this link to start receiving Future Pulse .

STAT’s Ed Silverman reports on pharma’s funding of committees that support election deniers.

Maia Szalavitz writes in New York Times’ opinion section about talking to kids about drugs in the age of fentanyl.

The Wall Street Journal’s Gwynn Guilford and Lauren Weber report on the ways the pandemic took a toll on the American workforce.

The Associated Press reports that Theranos’ founder Elizabeth Holmes awaits sentencing after a federal judge rejected her bid for a new trial.

A message from PhRMA:

The 340B program grew, yet again, hitting a whopping $43.9 billion in sales at the discounted 340B price in 2021. But there has not been evidence of corresponding growth in care provided to vulnerable patients at 340B covered entities. And making matters worse, fresh data show that 340B may actually be driving up costs for some patients and our health care system as whole. The program of today is having the opposite effect of what Congress intended when they created 340B. That’s a problem. It’s time to fix the 340B program. Learn more.

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