State Abortion Litigation Tracker: Navigating the Post-Dobbs Landscape

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey, effectively ending the federal constitutional right to abortion and returning the authority to regulate or protect abortion access to individual states. This landmark ruling has triggered a wave of legal challenges across the country, as abortion providers and advocates contest state abortion bans and restrictions.

State Litigation: Challenging Abortion Bans

Following the Dobbs decision, numerous lawsuits have been filed in state courts, arguing that state abortion bans violate state constitutional provisions or other state laws. These challenges often center on arguments related to privacy rights, equal protection, or the right to bodily autonomy as enshrined in state constitutions. The legal landscape is rapidly evolving, with court decisions frequently impacting access to abortion care.

Federal Litigation: Federal-State Authority and Access to Care

The Dobbs decision has also raised complex questions regarding the interplay between federal and state authority, particularly concerning access to abortion and contraception. Litigation in federal courts seeks to clarify these issues, addressing areas such as the legality of interstate travel for abortion care and the application of federal laws like the Emergency Medical Treatment and Labor Act (EMTALA) in situations involving ectopic pregnancies or other medical emergencies.

Key Cases and Developments

Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), directly overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The majority opinion, authored by Justice Alito, held that the U.S. Constitution does not confer a right to abortion. Justices Thomas, Gorsuch, Kavanaugh and Barrett joined the majority. Justices Breyer, Sotomayor, and Kagan dissented. Chief Justice Roberts concurred in the judgment.

Tracking Ongoing Litigation

The legal battles surrounding abortion access are ongoing and dynamic. This tracker provides up-to-date information on key litigation in both state and federal courts, offering insights into the evolving legal landscape and its impact on reproductive healthcare access.

Frequently Asked Questions

• What was the impact of the Dobbs decision? The Dobbs decision eliminated the federal constitutional right to abortion, allowing states to regulate or ban abortion as they see fit.
• What are the common arguments in state court challenges to abortion bans? Challenges often argue that bans violate state constitutional rights to privacy, equal protection, or bodily autonomy.
• What federal questions have arisen since Dobbs? Questions include the legality of interstate travel for abortion care and the application of federal laws like EMTALA in emergency situations.