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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How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
Trends to Watch in State Abortion Litigation
Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.
Indiana Supreme Court Gives Natural Rights a Boost
The high court upheld the state’s abortion ban, but its ruling could be used to protect other liberties in the future.
Florida Supreme Court Hears Pivotal Abortion Case
The conservative court is being asked to revisit precedents protecting abortion rights.
South Carolina’s Supreme Court Backtracks on Reproductive Rights
The high court upheld a strict abortion ban just seven months after striking down a similar law.
Abortion and Original Jurisdiction
State supreme courts’ authority to bypass lower courts makes them key players in the fight over reproductive rights.
Catching Up with State Courts
State courts have had a busy summer, with key rulings on abortion, guns, and environmental rights.
Justices Spar Over Judicial and Legislative Power in Iowa Abortion Ruling
The decision preserves a lower court order blocking a six-week abortion ban.