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This resource stopped being updated on January 11, For a searchable database of state supreme court opinions and briefings related to pending and recently decided reproductive rights cases, please visit State Court Report. In June , the Supreme Court overturned Roe v. Wade , the nearly year-old landmark ruling that the federal Constitution protects a right to abortion. In this tracker, the Brennan Center for Justice and the Center for Reproductive Rights aggregate pending and completed state court litigation against bans that were, or would have been, unconstitutional under Roe. To learn about state court decisions that established state constitutional protections for abortion rights prior to Dobbs , please see the report on State Constitutions and Abortion Rights. As of January 11, , a total of 40 cases have been filed challenging abortion bans in 23 states, of which 22 remain pending at either the trial or appellate levels. So far, the South Carolina Supreme Court held that its state constitution protects the right to an abortion and struck down a 6-week ban, but then reversed course to uphold a virtually identical ban a few months later. Several courts have also declared that their state constitutions provide limited rights to abortion. For instance, the North Dakota Supreme Court and the Indiana Supreme Court have ruled that their state constitutions protect the right to an abortion when necessary to preserve life or health. The Oklahoma Supreme Court has ruled that its state constitution protects the right to an abortion when needed to preserve the life of the patient. Law s challenged : Pre- Roe near-total abortion ban A. Description : After the U. Supreme Court decided Roe v. In the wake of Dobbs v. The Arizona Supreme Court has agreed to review the decision. Rule 60 b motion July 13, Response to Rule 60 b motion July 20, Rule 60 b ruling September 22, Order granting stay October 7, Order blocking ban December 30, The case is stayed pending a resolution of Planned Parenthood v. Brnovich , No. C Ariz. July 22, Complaint October 3, Order staying case October 25, Plaintiff s : Generation to Generation, Inc. Law s challenged : week abortion ban H. The plaintiffs voluntarily dismissed the case in October Complaint August 9, Larizza; Brian S. Warren; Larry Basford; David A. Aronberg; Dennis W. Ward; Harold F. Pryor; Philip G. Archer; Thomas Bakkedahl; Amira D. A trial court temporarily blocked the ban. An intermediate appeals court then reversed the trial court, allowing the ban to take effect. The Florida Supreme Court declined to block the ban while it hears an appeal. Complaint July 1, Temporary injunction Order July 5, Order denying motion to vacate stay July 21, Order reversing temporary injunction August 24, Order accepting jurisdiction January 23, Florida , No. Tom Capo. Kramer; Monique H. Archer; Thomas Bakkedahl; and Amira D. They also claim it violates the U. I , 2 Free Exercise Clause Amend. I , and 3 Establishment Clause Amend. A trial court declined to temporarily block the law. Hafner complaint August 1, Chotso complaint August 1, Doe complaint August 1, Pomerantz complaint August 1, Capo complaint August 1, Law s challenged : Six-week abortion ban H. They also argue that the ban is void because it violated federal constitutional precedent when it was enacted, and under Georgia jurisprudence, a subsequent change in federal law cannot revive such a law. Complaint July 26, Order denying preliminary injunction August 15, Order granting partial judgment on the pleadings November 15, Stay order November 23, Order reversing partial judgment on the pleadings October 24, Petitioner s : Jennifer Adkins, Jillaine St. Law s challenged : Scope of medical exceptions to near-total abortion ban Idaho Code Section 18— 2 and six-week abortion ban Idaho Code Section 18— 5. Complaint September 11, Law s challenged : Six-week abortion ban that only permits private enforcement S. After the Idaho Supreme Court temporarily blocked the ban, it later allowed the ban to take effect pending a decision on the merits. Petition March 30, Opinion August 12, Order declining to permanently block ban January 5, Bennetts; Grant P. Law s challenged : Near-total abortion ban Idaho Code Section 18— 2. The Idaho Supreme Court allowed the ban to take effect pending a decision on the merits. Petition June 27, Law s challenged : Six-week abortion ban Idaho Code Sections 18— and 18— Complaint July 25, Law s challenged : Near-total abortion ban S. A trial court preliminarily blocked the ban. Though the court acknowledged that the plaintiffs had previously withdrawn their vagueness claim Art. The Indiana Supreme Court denied the request for rehearing, allowing the ban to take effect. Complaint August 31, Order granting preliminary injunction September 22, Order granting transfer and extending preliminary injunction October 12, Opinion vacating preliminary injunction June 30, Petition for Rehearing July 31, Amended Complaint November 9, The state has also appealed a trial court order that subsequently granted class certification to all people in the state whose religious beliefs direct them to obtain abortions in situations prohibited by the ban. Complaint September 8, Order granting preliminary injunction December 2, Order denying motion to transfer January 30, Order granting class certification June 6, Petitioner s : Planned Parenthood of the Heartland, Inc. Law s challenged : Six-week abortion ban HF An appeal is pending before the Iowa Supreme Court. Petition July 12, Law s challenged : Six-week abortion ban Iowa Code section C. Plaintiffs respond that Iowa procedural rules do not allow for such a request and that it is precluded by Iowa Supreme Court precedent. The trial court declined to dissolve the injunction. Motion to dissolve permanent injunction August 11, Opposition to motion to dissolve permanent injunction September 12, Ruling on motion to dissolve permanent injunction December 12, Order June 16, Law s challenged: Near-total abortion ban KRS Complaint December 8, Law s challenged : Near-total abortion ban KRS I, V, XIV. Complaint October 6, Notice of removal October 26, Order remanding case to state court December 13, After a trial court preliminarily blocked the bans, an intermediate appeals court reversed the trial court, allowing the bans to take effect. The Kentucky Supreme Court then declined to reinstate the temporary injunction, reasoning that the plaintiffs did not have standing to assert the rights of their patients and could not bring related constitutional claims against the six-week and near-total bans while declining to address whether the Kentucky Constitution protects abortion. The Court, however, concluded that the plaintiffs did have standing to bring non-delegation and General Assembly approval claims against the near-total ban on behalf of themselves and remanded the case to the trial court. The parties then agreed to the dismissal of the case. Complaint June 27, Order granting temporary restraining order June 29, Order granting temporary injunction July 22, Stay of temporary injunction August 1, Order denying emergency relief August 18, Order affirming and remanding case to the trial court February 16, Order dismissing without prejudice June 27, Law s challenged : Near-total abortion ban La. Description : Plaintiffs claim that the bans triggered by the U. After a trial court preliminarily blocked the bans, an intermediate appeals court stayed the injunction pending appeal, allowing the bans to take effect. The Louisiana Supreme Court summarily upheld the intermediate appellate court ruling after which, the intermediate appellate court reversed the preliminary injunction. Petition June 24, Temporary restraining order July 11, Order granting preliminary injunction July 21, Order granting writ July 29, Denial for reinstatement August 12, Order reversing preliminary injunction August 16, A trial court permanently blocked the Michigan attorney general from enforcing the ban. An appeal pending before an intermediate appellate court was voluntarily dismissed, ending the case. Complaint April 7, Order granting preliminary injunction May 17, Order granting permanent injunction September 7, Order dismissing appeal December 14, Defendant s : James R. Linderman; David S. Leyton; Carol A. Siemon; Jeffrey S. Getting; Christopher R. Becker; Peter J. Lucido; Matthew J. Wiese; Karen D. McDonald; John A. Upon filing her complaint in a trial court, Governor Whitmer asked the Michigan Supreme Court to assume jurisdiction over the case and decide whether the Michigan Constitution protects the right to abortion. In light of an amendment to the Michigan Constitution protecting the right to reproductive autonomy that voters approved in November , the Michigan Supreme Court has dismissed the case. Order granting temporary restraining order August 1, Order granting preliminary injunction August 19, Order dismissing case January 20, Defendant s : Thomas E. Dobbs, M. Owens II; Gerald A. Mumford; and Catoria P. Law s challenged : Near-total ban Miss. Code Ann. A trial court declined to preliminarily block the bans, and the Mississippi Supreme Court declined to block the bans on appeal. Plaintiffs then voluntarily dismissed their petition to the Mississippi Supreme Court after the court declined to act expeditiously on their appeal. Defendant s : State of Missouri; Michael L. Louis; Marc K. Taormina; Naveed Razzaque; Jeffrey D. Carter; James A. Direnna; Jeffrey S. Glaser; Jade D. James-Halbert; Katherine J. Mathews; David E. Tannehill; Paula F. Law s challenged : 1 Near-total abortion ban H. Complaint January 19, Law s challenged : week ban L. Complaint May 30, Petitioner s : State of New Mexico ex rel. Petitioner also claims that the ordinances are preempted by state law. In a summary order, the New Mexico Supreme Court temporarily blocked the ordinances pending a decision on the merits. Petition January 23, Order staying ordinances March 31, Eggleston, M. On appeal, the North Dakota Supreme Court ruled that the trial court did not properly assess all the factors for issuing preliminary relief and ordered the trial court to reassess whether each of those factors had been satisfied. Upon doing so, the trial court again blocked the ban. It then determined that the ban is not narrowly tailored to achieve a compelling state interest. Complaint July 6, Order granting preliminary injunction August 25, Findings on Substantial Probability Factor October 31, Order upholding preliminary injunction March 16, Amended complaint June 12, Defendant s : David Yost; Bruce T. Vanderhoff, M. A; Kim G. Rothermel, M. Saferin, D. Deters; G. Gary Tyack; Mathias Heck, Jr. Bates; and Sherri Bevan Walsh. Law s challenged : Six-week abortion ban S. It declined to address on this appeal whether the Ohio Constitution guarantees a right to abortion before. The plaintiffs have moved to file an amended complaint to add a new claim under the amendment. Complaint September 2, Temporary restraining order September 14, Order granting preliminary injunction October 12, Ohio court of appeals judgement December 16, Order accepting appeal March 14, Slip Opinion December 14, Relator s : State ex rel. Pre-Term Cleveland; State ex rel. Sharon Liner, M. Planned Parenthood Greater Ohio; State ex rel. Respondent s : David Yost; Bruce T. Relators voluntarily dismissed their case after the Ohio Supreme Court summarily declined to temporarily block the ban. Complaint June 29, Order denying request for emergency stay July 1, Order dismissing case September 12, Law s challenged : 1 total abortion ban H. Petition Sept. Order granting in part and denying in part request for temporary injunction October 4, First supplemental petition April 28, Order directing trial court to enter temporary injunction Nov. The Oklahoma Supreme Court declined to temporarily block the two bans pending a decision on whether to take jurisdiction of the case and rule on the merits. It held that both the private enforcement bans had unconstitutionally narrow medical exceptions that could not be severed from the remainder of the statutes and struck them down. Complaint April 28, Order denying request for temporary restraining order and temporary injunction May 3, Order denying request for temporary restraining order and temporary injunction June 27, Order assuming jurisdiction and granting declaratory relief May 31, Law s challenged : Pre- Roe near-total abortion ban Oklahoma Stat. They also seek a declaratory judgment that the pre- Roe ban was repealed by implication. It then determined that while the pre-Roe ban is constitutional, the ban is unconstitutional as to its requirement that a pregnant person must wait until they are experiencing a medical emergency before seeking a life-saving abortion. It also concluded that the pre-Roe ban was not unconstitutionally vague nor repealed by implication. Petition July 1, Order denying request for temporary restraining order and temporary injunction September 12, Order assuming jurisdiction and granting declaratory relief in part March 21, Buffkin, M. Cook, Stephen I. Schabel, Ronald Januchowski, George S. Root, Christopher C. Wright, Samuel H. Wolff, Scarlett A. Wilson, Byron E. Law s Challenged : Six-week abortion ban S. In November the South Carolina Supreme Court declined to take original jurisdiction and block the law. Complaint Sept. Order declining to take original jurisdiction Nov. Cook; Stephen I. Schabel; Ronald Januchowski; George S. Root; Christopher C. Wright; Samuel H. Wolff; Scarlett A. Wilson; Byron E. Finally, they claim that the ban is void because it conflicts with state supreme court precedent holding that a nearly-identical 6-week ban violated the South Carolina constitution. After a trial court temporarily blocked the ban, the South Carolina Supreme Court vacated the injunction and held that the ban is constitutional. Complaint May 25, Order granting temporary injunction May 26, Order declining to lift the injunction and transferring the case to the South Carolina Supreme Court for final resolution June 6, Order vacating injunction and declaring act constitutional August 23, Schabel; Ronald Januchowski; Jim C. Chow; George S. Wright; Scarlett A. After assuming jurisdiction over the case, the South Carolina Supreme Court temporarily blocked the ban pending a decision on the merits. The state filed a petition for rehearing with the South Carolina Supreme Court, which the Court denied. Complaint July 13, Order granting temporary injunction August 17, Order permanently blocking ban January 5, Petition for rehearing January 30, Order denying petition for rehearing February 8, Law s challenged : Scope of medical exceptions to near-total abortion ban Tenn. Law s challenged : Scope of emergency medical exceptions to pre- Roe near-total abortion ban Tex. Supreme Court overruling Roe Tex. A trial court temporarily blocked enforcement of the bans against pregnant people with emergent medical conditions. It separately found that the enforcement provisions of S. Petition March 6, Amended petition May 22, Order issuing temporary injunction August 4, Plaintiffs also claim that the state cannot enforce the ban because it has been repealed. After a trial court temporarily blocked the ban, the Texas Supreme Court allowed the civil enforcement provision of the ban to take effect. Order granting temporary restraining order June 28, Order granting stay July 1, Law s challenged : Near-total abortion ban Utah Code Ann. Description : Plaintiffs claim that the near-total abortion ban triggered by the U. The defendants appealed to the Utah Supreme Court, which has kept the injunction temporarily in place pending a decision on the merits. Complaint June 25, Order granting temporary restraining order July 27, Order granting preliminary injunction near-total ban July 19, Order granting appeal and denying stay of preliminary injunction October 3, Motion to file supplemental complaint April 3, Order granting preliminary injunction hospital-only requirement May 2, Law s challenged : Pre- Roe near-total abortion ban W. They also claim the state cannot enforce the ban because 1 it has since passed many laws regulating legal abortion that conflict with the ban and 2 it has fallen into disuse for over half a century. The case was subsequently dismissed. Order granting preliminary injunction July 20, Wasserman; M. Law s challenged : Pre- Roe near-total ban Wis. Description : Plaintiffs claim the state cannot enforce the ban because 1 it has since passed many laws regulating legal abortions that conflict with the ban and 2 it has fallen into disuse for over half a century. A district attorney has appealed to an intermediate court. Complaint June 28, Order denying motion to dismiss July 7, Decision and order December 5, Hinkle, M. Law s challenged : near-total ban H. Description : Plaintiffs claim that the ban triggered by the U. Order granting temporary restraining order July 28, Order granting preliminary injunction August 10, Notice of declination to answer certified questions December 20, They also claim that the bans are unconstitutionally vague. A trial court temporarily blocked both bans. Amended complaint March 21, Order granting motion for TRO April 17, Military personnel, aid workers, and other Americans living abroad have a right to vote, and there is a secure system that lets them do it. But a lack of transparency obscures the full picture. We respect your privacy. Explore Our Work. No state court challenges to abortion bans filed after Dobbs. State court challenges to abortion bans filed after Dobbs. Search Search. States: Alabama Key:. Planned Parenthood v. Brnovich, No. Plaintiff s : Paul A. Isaacson, M. Generation to Generation v. Florida, No. Key Documents Complaint August 9, Key Documents Complaint July 1, Temporary injunction Order July 5, Order denying motion to vacate stay July 21, Order reversing temporary injunction August 24, Order accepting jurisdiction January 23, Fox Law s challenged : week abortion ban H. Sistersong v. Georgia, No. Key Documents Complaint July 26, Order denying preliminary injunction August 15, Order granting partial judgment on the pleadings November 15, Stay order November 23, Order reversing partial judgment on the pleadings October 24, Adkins v. Idaho, CV Idaho Dist. Respondent s : State of Idaho Law s challenged : Six-week abortion ban that only permits private enforcement S. Key Documents Complaint September 8, Order granting preliminary injunction December 2, Order denying motion to transfer January 30, Order granting class certification June 6, Reynolds, No. Respondent s : Kim Reynolds ex rel. Respondant s : Kim Reynolds ex rel. Key Documents Motion to dissolve permanent injunction August 11, Opposition to motion to dissolve permanent injunction September 12, Ruling on motion to dissolve permanent injunction December 12, Order June 16, Doe v. Cameron, No. Rodman; and Gerina D. Key documents Complaint December 8, Key Documents Complaint June 27, Order granting temporary restraining order June 29, Order granting temporary injunction July 22, Stay of temporary injunction August 1, Order denying emergency relief August 18, Order affirming and remanding case to the trial court February 16, Order dismissing without prejudice June 27, June Medical Services v. Landry, No. C La. Phillips Law s challenged : Near-total abortion ban La. Key Documents Petition June 24, Temporary restraining order July 11, Order granting preliminary injunction July 21, Order granting writ July 29, Denial for reinstatement August 12, Order reversing preliminary injunction August 16, AG of Michigan, No. Key Documents Complaint April 7, Order granting preliminary injunction May 17, Order granting permanent injunction September 7, Order dismissing appeal December 14, Hinds Cnty. Martin Law s challenged : Near-total ban Miss. The Reverend Traci Blackmon v. Missouri, No. Nickelson Law s challenged : 1 Near-total abortion ban H. Key Documents Complaint January 19, Planned Parenthood of the Heartland, Inc. Hilgers, No. CI Neb. State ex. SSC N. Access Independent Health Services, Inc. Wrigley, No. Defendant s : Drew H. Wrigley and Birch P. Preterm-Cleveland v. Yost, No. A Ohio C. Hamilton Cnty. Key Documents Complaint September 2, Temporary restraining order September 14, Order granting preliminary injunction October 12, Ohio court of appeals judgement December 16, Order accepting appeal March 14, Slip Opinion December 14, Bates Law s challenged : Six-week abortion ban S. Oklahoma Call for Reproductive Justice v. CV Okla. Key Documents Petition Sept. Key Documents Petition July 1, Order denying request for temporary restraining order and temporary injunction September 12, Order assuming jurisdiction and granting declaratory relief in part March 21, South Carolina, S. Key Documents Complaint Sept. Key Documents Complaint May 25, Order granting temporary injunction May 26, Order declining to lift the injunction and transferring the case to the South Carolina Supreme Court for final resolution June 6, Order vacating injunction and declaring act constitutional August 23, Key Documents Complaint July 13, Order granting temporary injunction August 17, Order permanently blocking ban January 5, Petition for rehearing January 30, Order denying petition for rehearing February 8, Blackmon v. Tennessee, I, Tenn. Key Documents Complaint September 11, Zurawski v. Texas, No. DGN Tex. Utah, No. Reyes; Spencer Cox; and Mark B. Key Documents Complaint June 25, Order granting temporary restraining order July 27, Order granting preliminary injunction near-total ban July 19, Order granting appeal and denying stay of preliminary injunction October 3, Motion to file supplemental complaint April 3, Order granting preliminary injunction hospital-only requirement May 2, Miller, No. Kaul v. Kapenga, No. Johnson v. Wyoming, No. Key Documents Complaint July 25, Order granting temporary restraining order July 28, Order granting preliminary injunction August 10, Notice of declination to answer certified questions December 20, Erin Geiger Smith , Josh Bell. Michael Waldman. Joyce Vance. Michael Milov-Cordoba. Jack Rakove. Marcelo Agudo. Stay up to date. First Name. Last Name. Email Address. Zip Code.

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