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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State Court Cases to Look for in 2025
Courts across the country will issue major rulings this year that will impact abortion rights, criminal justice, and more.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
So You Passed a State Constitutional Amendment Protecting Abortion. Now What?
Voter approval of an amendment is often just one step in lengthy legal and political wrangling over state abortion rights.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.