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
Gun Rights, Abortion Bans, and the Mysterious “Right to Travel”
The Massachusetts high court rejected a claim that licensing requirements for nonresidents carrying firearms violated the right to travel.
New State Hurdles to Standing Threaten Abortion Ban Challenges
Georgia’s Supreme Court sent a challenge to the state’s abortion ban back to the trial court to consider if the plaintiffs, including medical providers, had standing to bring the suit.
High Stakes Supreme Court Elections in Wisconsin and Pennsylvania
With court majorities at stake in both states, 2025 may see the most expensive judicial elections ever.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
Where Abortion Litigation in Georgia Stands
Last year the Georgia Supreme Court rejected one challenge to a six-week abortion ban, but additional state constitutional challenges continue to wind through the lower courts.
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.
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.