Because the nation marks the fiftieth anniversary of the Supreme Courtroom of the US landmark Roe v. Wade choice, which the Supreme Courtroom overturned, 14 states have energetic litigation difficult state abortion bans and restrictions. A brand new KFF transient explains how people and organizations suing to dam the bans are framing their authorized challenges primarily based on completely different state constitutional protections and state legal guidelines now that the battleground over abortion rights rests with states.
The authorized challenges introduced in state courts usually fall into three classes:
- Broad Constitutional Challenges: In Ohio, Oklahoma, Georgia, and Utah, amongst others, the abortion ban challenges embody claims that state constitutional protections, corresponding to liberty, due course of, and privateness rights embody a proper to abortion.
- Well being Care Modification Challenges: Some state constitutions had been amended to incorporate a proper to make well being care and medical insurance choices in efforts to dam the ACA’s particular person protection mandate. In Wyoming and Ohio, abortion advocates argue that this modification consists of the fitting to determine whether or not to have an abortion.
- Spiritual Freedom Challenges: In Florida, Indiana, Kentucky, Utah, and Wyoming, individuals from numerous non secular backgrounds argue abortion bans infringe on their non secular rights.
In time, these challenges will attain every state’s highest court docket, finally deciding the constitutionality of state-level abortion bans figuring out whether or not abortion will probably be obtainable within the state.
Overview the transient “Authorized Challenges to State Abortion Bans Because the Dobbs Choice” to study extra.