Judge nixes controversial NY abortion ballot measure — in blow to Dems ahead of election

A state judge ordered that a controversial proposal on abortion rights be removed from the November ballot — delivering a blow to New York Democrats using the issue as a key campaign strategy.

Livingston County Judge Daniel Doyle ruled Tuesday that the legislators had failed to follow the proper constitutional steps to get the measure on the November ballot.

Gov. Kathy Hochul and other Dem lawmakers around the state have been pushing the measure that would enshrine abortion rights in the state Constitution — despite the Empire State already having one of the strongest abortion access laws in the country.

The move was part of the political strategists’ efforts to boost turnout in key swing districts in the state as the GOP’s influence grows in areas of New York, including Long Island.

Dems have used the issue as a rallying cry for their base in the wake of the US Supreme Court overturning Roe v. Wade in 2022, which puts the power back in local lawmakers’ hands.

Attorney General Letitia James said she planned to appeal the order.

“This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack,” James said.

Hochul blasted Judge Doyle in a statement released through her campaign.

“Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge,” Hochul said.

The judge tossed out the ruling due to stipulation in the state constitution that the legislature must get an advisory opinion from the AG. The legislature got that opinion, but only after it voted the first time to approve the ballot measure.

“The lack of the AG’s opinion does not negate the validity of our amendment so we believe that we will be successful on appeal and we will certainly appeal,” Senate Majority Leader Andrea Stewart-Cousins told reporters Tuesday.

The New York Pride Coalition called the decision “a slap in the face to everyday New Yorkers.

“In the wake of the Dobbs decision, it’s important that states do everything they can to further enshrine protections for vulnerable communities,” the statement said.

Critics railed against the proposed change last year, claiming the measure would limit the rights of parents when minors look to undergo gender reassignment surgery.

A group called the Committee to Protect Kids applauded the ruling, nicknaming the proposition “The Parent Replacement Act” in a statement that called the decision “a major victor for New York parents, children, and for the integrity of girls and womens sports.”

The day before the judge’s order, former Long Island Congressman and gubernatorial candidate Lee Zeldin held a press conference with Assembly Republicans rallying opposition for the ballot measure.

Assemblywoman Majorie Byrnes (R-Livingston), who brought the lawsuit in her Western New York district, said she was pleased with the court ruling.

“While the state is controlled by one party, our constitution and our laws must be honored. I am pleased with Justice Doyle’s decision which upholds the plain meaning and integrity of the constitution of our state,” Byrnes told the Post in a statement.