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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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.
Dispute over Abortion for Florida Teen Could Have Far-Reaching Consequences
A showdown over parental rights, abortion access, fertility care, and more could follow a recent state court decision.
The Ohio Constitution: Its History and Its Future
Recent amendments, and fights against them, demonstrate the importance of the state constitution.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
What’s at Stake in the 2024 Ohio Supreme Court Elections
The outcome of the races for three seats on the high court could impact Ohio law on abortion, voting rights, gun regulations, and more.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health-care freedom" provisions passed to limit 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.