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 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.
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.