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
Will Voters Have the Final Say on Abortion Rights in Florida?
Lawmakers could undermine reproductive rights even if voters enshrine abortion protections into the state constitution.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
Arizona Supreme Court Hears Oral Arguments on Territorial-Era Abortion Ban
The state is trying to reinstate a law that was enacted when women could not vote.
Florida Supreme Court Allows Abortion Ban, but Final Decision Will Go to Voters
The decision means that a 6-week ban will go into effect next month, but a proposed amendment protecting abortion will be on the Florida ballot in November.
Hawaii’s Midwives Challenge Law Criminalizing Traditional Birthing Practices
Many Native Hawaiians rely on lay midwives to provide culturally sensitive reproductive health care.
Alabama IVF Ruling Puts Spotlight on Fetal Personhood Rights
The decision is an extension of fetal personhood protections that have existed and been enforced in Alabama — and many other states — since before Dobbs.
State Equal Rights Amendments Can Protect Reproductive Rights Post-Dobbs
The Pennsylvania Supreme Court held that a Medicaid ban on abortion is sex discrimination under the state’s ERA.
Pennsylvania Supreme Court Ruling Overturns Decades-Old Precedent in Abortion Ruling
The high court issued a resounding win for abortion clinics challenging a ban on using Medicaid funding for the procedure.