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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Will the Pennsylvania Supreme Court Recognize a Right to Abortion?
Two justices say there is a constitutional right to abortion, but it’s not clear the full court will consider the question.
Reproductive Rights in State Constitutional Law
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
Mapping State Supreme Court Abortion Rights Decisions
A new tool from the Center for Reproductive Rights tracks abortion-related state constitutional developments across the country.
Single-Subject Rules Can Prevent Perverse Outcomes but Give Judges Enormous Power
Single-subject requirements were used to strike down a Missouri law criminalizing homelessness and also helped undermine attempts to protect abortion access in other states.
A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
Scholarship Roundup: That’s a Wrap on 2023
New publications on state public law focus on topics ranging from constitutional conventions to criminal sentencing.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Ohio Supreme Court Hears Challenge to Pause of Abortion Ban
As Ohioans prepare to vote on an abortion ballot measure this fall, the state is asking to reinstate a six-week ban that was put on hold by a trial court.