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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Anti-Abortion Strategies Center on 19th Century Federal Law
Activists hope to set up a clash between the Comstock Act and state laws protecting abortion.
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?
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
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.