State Courts May Be the Next Battleground Over Abortion
State courts may soon figure prominently in the legal fight over abortion access if the conservative majority U.S. Supreme Court undermines or overturns Roe v. Wade in coming months.
In several states, top courts are currently weighing the lawfulness of abortion limits as the fate of the landmark 1973 decision in Roe hangs in the balance — and experts say more state-level disputes are sure to follow.
“We are potentially at a really important moment for state courts’ role in abortion access,” said Douglas Keith, counsel at the Brennan Center’s Democracy Program. “If the U.S. Supreme Court leaves it up to states to determine whether their laws protect that access, you’re going to see many state supreme courts asked to decide whether the state constitution protects abortion access.”
