Reproductive Rights

Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.

A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence. 

Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.

An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution. 

State courts are grappling with questions like ownership over and rights for embryos. 

Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.

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. 

Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.