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
Battles over Medicaid Funding for Abortion
Congress prohibited Medicaid reimbursement for abortion, but some state supreme courts say similar state-level bans violate their constitutions.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
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.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
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.
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.
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.