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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The Stakes in Wisconsin’s Supreme Court Election
Abortion access, voting district maps, and executive powers all hang in the balance.
Original Jurisdiction in State Supreme Courts
Parties, courts, and legislatures can use original jurisdiction to meet their own political ends, potentially affecting issues from elections to abortion rights.
The Post-Dobbs Patchwork of Abortion Rights
Significant decisions come down in Oklahoma and North Dakota.
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.
What Happens When State and Local Laws Conflict
Cases involving abortion, gun control, and public health pivoted on state preemption standards.
3 Takeaways About Abortion Litigation Since Dobbs
Dozens of legal cases around the country are challenging abortion bans.
Voters Amend State Constitutions to Enshrine New Rights
From abortion to voting rights, amendments creating new state constitutional rights were approved at the ballot box.