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
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.
Gender Equality Under State Constitutions
A new Center for Reproductive Rights resource details sex discrimination claims under state constitutions.
Montana Supreme Court Expands Abortion Access
The high court reaffirmed the right to abortion under the Montana Constitution.
The Stakes in Wisconsin’s Supreme Court Election
Abortion access, voting district maps, and executive powers all hang in the balance.
Original Jurisdiction in State Supreme Courts
Parties, courts, and legislatures can use original jurisdiction to meet their own political ends, potentially affecting issues from elections to abortion rights.
The Post-Dobbs Patchwork of Abortion Rights
Significant decisions come down in Oklahoma and North Dakota.