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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South Carolina’s Supreme Court Backtracks on Reproductive Rights
Abortion and Original Jurisdiction
Catching Up with State Courts
Justices Spar Over Judicial and Legislative Power in Iowa Abortion Ruling
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 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