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
Texas and the Next Generation of Abortion Fights
Kate Cox sought an emergency abortion after learning her fetus has a fatal genetic condition. Her case illustrates an emerging set of battles to define the scope of legal exceptions to strict state abortion bans.
New Mexico Supreme Court to Hear Arguments on New Anti-Abortion Tactic
GOP-controlled cities and counties in pro-choice New Mexico are relying on a long-dormant federal law to outlaw abortion — in contradiction of state law.
Voters Amend State Constitutions Around the Country
Ohio enshrined a right to abortion in the state constitution.
Colorado Supreme Court Upholds Controversial Google Keyword Warrant
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.
How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
Trends to Watch in State Abortion Litigation
Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.
Indiana Supreme Court Gives Natural Rights a Boost
The high court upheld the state’s abortion ban, but its ruling could be used to protect other liberties in the future.
Florida Supreme Court Hears Pivotal Abortion Case
The conservative court is being asked to revisit precedents protecting abortion rights.