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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Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.
A New Way Some State Courts Limit Abortion Rights
Hostile courts are increasingly using procedural hurdles to limit access to abortion, allowing them to avoid explicitly grappling with questions over reproductive rights.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
A Conversation with Professor Robert Williams About the Abortion Case He Lost Four Decades Ago
The Pennsylvania Supreme Court case, which was overturned in 2024, unanimously upheld the state’s ban on funding abortion through state Medicaid.
Anti-Choice States Target Organizations Providing Information About Abortion
Attorneys general in Florida, Missouri, and South Dakota sued pro-choice organizations under state consumer deception and RICO laws.
The Nebraska Constitution: Creator of the Country’s Only Unicameral Legislature
The powers of initiative and referendum make the people the “second house.”