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.
Filters
Despite Constitutional Amendment, Abortion Still Out of Reach in Missouri
The Missouri Supreme Court reinstated restrictions on abortion this week, effectively making the procedure impossible to access in the state.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
Wisconsin Supreme Court Rules 176-Year-Old Law Does Not Ban Abortion
State Republicans wanted to use the law to criminalize abortion after the U.S. Supreme Court held the federal Constitution does not protect the procedure.
Wisconsin Justices Appear Hostile to 175-Year-Old Abortion Law
The dispute over whether the 1849 law bans nearly all abortions in the state is a sign of a “world gone mad,” one justice said.
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.