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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Kentucky’s Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
Religious Women Win Injunction Against Indiana’s Abortion Ban
The decision highlights the potential of religious liberty claims to fight abortion restrictions.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
What We're Watching in the 2026 Elections
State Court Report’s new Election 2026 hub provides coverage of major legal and judicial developments shaping this election cycle.
State Supreme Court Races to Watch in 2026
More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.