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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Voters in Seven States Pass Measures to Protect Abortion
Abortion-rights ballot measures failed in three other states, including Nebraska, where voters instead amended the constitution to limit abortion access.
Access to Reproductive Health Care for Minors Is a Political Flash Point
Courts in some states have ruled that laws requiring parental consent for abortion are unconstitutional, while Idaho forbids nearly all medical care for children without parental consent.
2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
What’s at Stake in the 2024 Montana Supreme Court Elections
Races for two seats on the high court will shape the future of Montana law on criminal justice, environmental rights, and more.
Former Ohio Chief Justice on Democracy, Gerrymandering, and Ukraine
In an interview, retired Ohio Chief Justice Maureen O’Connor spoke about her push for citizen-led redistricting in Ohio and recent trips to Ukraine advising on fair courts.
How Years of Legislative Maneuvering Shaped this Year’s Judicial Elections
The outcomes in races in Ohio and North Carolina will be determined in part by legislatures that altered election rules to benefit their allies.
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.