Reproductive Rights
In 2022, the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, ruling that the U.S. Constitution does not protect a fundamental right to abortion. Following this decision, many state trigger laws banning or restricting abortion went into effect, and several states have passed new abortion bans or restrictions.
Litigants are challenging many of these measures in state courts, pointing to rights to privacy, liberty, gender equality, equal protection, due process, and religious freedom in their state constitutions and other state laws. There are also active state constitutional amendment campaigns in several states. This litigation extends beyond abortion to fertility treatments, contraception, and other issues.
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A Conversation with Wisconsin Supreme Court Justice Rebecca Frank Dallet
Dallet discussed equal access to justice, challenges to the rule of law, and her commitment to getting the law right.
2026 Abortion-Related Ballot Measures
Ballot measures continue to be a tool in the fight over abortion rights, with some states attempting to expand rights and others looking to shore up restrictions.
Federalism and State Constitutional Rights in 2026
The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.
The Diversity of Rights in State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
The Tennessee Constitution: “Least Imperfect and Most Republican of the State Constitutions”
The state’s 1870 constitution still governs, though suffrage battles, balance of power shifts, and changing political views have modernized it over time.
Wyoming Supreme Court Strikes Down Laws Banning Abortion
The court ruled that laws criminalizing abortion violated the state’s “health care freedom” amendment, passed in 2012 to limit the reach of the Affordable Care Act.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.