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
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
New York’s Abortion Shield Law Survives First Challenge by Texas
A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers.
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.
The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
Hawaii’s Midwives Challenge Law Criminalizing Traditional Birthing Practices
Many Native Hawaiians rely on lay midwives to provide culturally sensitive reproductive health care.
Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.