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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A Conversation with Former Florida Chief Justice Barbara Pariente
Pariente spoke about abortion rights and the importance of respecting precedent.
An Eventful Summer for State Constitutional Abortion Rights Litigation
State supreme courts addressed abortion rights head on, even as the U.S. Supreme Court punted on similar questions.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
Who Can Challenge State Abortion Bans? It’s Not So Clear Cut.
Since the U.S. Supreme Court prevented abortion providers from challenging restrictions on abortions, several states have indicated they’ll adopt the same stance on standing.
Kansas Supreme Court Reaffirms State Constitutional Right to Abortion
The court declined to overturn its recent holding that abortion is protected by the state constitution’s right to personal autonomy.
A Conversation with Justice Clint Bolick of the Arizona Supreme Court
The justice talked about the challenges facing state courts and what makes the state constitution unique.
Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.