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
Where Abortion Rights Could Be on the Ballot in 2024
As many as 14 states could have abortion-related constitutional amendments on the ballot this year.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
State Courts Diverge In Latest Wave of Abortion Litigation
Decisions in Arizona, Florida, Nevada, and Pennsylvania highlight stark contrasts in how courts approach reproductive rights.
Arizona Highlights Risk of “Zombie” Laws
Supreme Court’s Dobbs ruling has breathed new life into long-unenforced abortion law.
The Arizona High Court Upheld A 160-Year-Old Abortion Ban. Now What?
Abortion law expert David Cohen talks about Arizona’s ongoing abortion litigation, a possible abortion amendment in the state, and the biggest threats to abortion rights nationwide.
Will Voters Have the Final Say on Abortion Rights in Florida?
Lawmakers could undermine reproductive rights even if voters enshrine abortion protections into the state constitution.
Arizona Supreme Court Hears Oral Arguments on Territorial-Era Abortion Ban
The state is trying to reinstate a law that was enacted when women could not vote.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.