This month marks the 3rd anniversary Dobbs v. Jackson Women’s Health AgencyThe Supreme Court overturned Roev. Wade He then ruled that he had no federal constitutional rights to abortion. The court said it was returning abortion restrictions decisions “to the people and elected representatives.” Surprisingly, the decision did not mention the state court.
However, it is the state judges who interpret the scope of state abortion restrictions and define the state’s constitutional rights to abortion access. In the aftermath of dobbsa flood of state lawsuits challenged Trigger Acts and other bans that immediately sought to stop abortion after federal protections disappeared. Since 2022, dozens of major rulings have undergone a major change in results.
This type of lawsuit continues, and new legal issues have emerged in the three years since. dobbs. Recent Cases in Florida and Missouri – Both covered by Professor Mary Ziegler of UC Davis Law School State Court Report – Emphasise some of the next generation questions you should look at.
The first is what happens after the state passes constitutional amendments to protect the right to abortion. In Missouri, voters passed an abortion rights amendment in November, becoming one of ten states that codify explicit abortion protections in the constitution. dobbs. State laws that prohibit virtually all abortions are now unconstitutional. But Missouri still has books restrictions, including troubling licensing requirements for clinics and 72-hour waiting periods. Does the Missouri amendment limit the state’s ability to impose these types of restrictions?
Last week, the Missouri Supreme Court overturned a court injunction that obstructed these laws. As Ziegler explains, it was a procedural ruling. The court held that the court applied the wrong legal standard because it did not assess whether the plaintiff could be successful in merit. However, the court did not reach the content of the claim, but the practical effect of the judgment is to halt the abortion. After the decision, the state clinic cancelled its appointment and advised patients to travel out of state.
The case is now returning to court, and it is likely that consideration of the new injunction will take at least a month. While a lot of uncertainty remains, what is clear is that “merely passing constitutional amendments protecting reproductive rights is not sufficient to guarantee access to abortion.”
Similar conflicts are unfolding elsewhere. Arizona last month, a lawsuit was filed challenging abortion restrictions under the 2024 abortion rights amendment. And in Michigan, a court recently concluded a permanent injunction, based on the state’s 2022 amendment, blocking several abortion restrictions, including a 24-hour waiting period. The court emphasized that the restrictions “does not coincide with accepted standard care and evidence-based care.”
All cases in Arizona, Michigan and Missouri relate to whether the state’s constitution protects access to abortion. However, the recent midterm appeal case in Florida highlights a second new issue. limit Abortion access.
in Dosage vFlorida’s Court of Appeals has broken state laws that allow minors to bypass parental consent requirements with judicial approval. The court ruled that the proceeding violated parents’ rights and denied one of the “most basic due process guarantees – notifications and opportunities to be heard). The court is based on a ruling on the US Constitution, emphasizing that Florida’s constitution provides even broader protections for parental rights.
The next destination in this case will be the Florida Supreme Court, which ultimately can be heard by the U.S. Supreme Court, given the federal constitutional issues. Ziegler expects that in addition to the custody claims filed by the Court of Appeal, the Florida Supreme Court will be able to use the case to address the human rights of a fetus under the state constitution. The “showdown” is “brewed in Florida over parental rights, abortion access, fertility treatment and more,” explains Ziegler. Ultimately, this case “can reconstruct the state’s reproductive rights landscape.”
Alicia Bannon is director and editor-in-chief of the Judicial Program at Brennan Judicial Center for Justice. State court report.
Suggested Quote: Alicia Bannon, Three years after DOBBS, the state court defines the future of abortionsᴛᴛᴇcᴏᴜʀᴛrᴇᴘᴏʀᴛ (June 5, 2025), https://statecourtreport.org/our-work/analysis-opinion/three years-dobbs-tate-he-defining-future-bort