Abortion under State Constitutions: A State-by-State Analysis

Description

On June 24, 2022, in Dobbs v. Jackson Women's Health Organization, the United States Supreme Court overruled its earlier decisions in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) that had recognized a right to abortion under the federal constitution. The Court's decision in Dobbs returns the issue of abortion to the States. Before the Court's decision in Dobbs, state constitutional analysis was important as it related to the validity, under state constitutions, of abortion regulations that met federal constitutional standards. With the overruling of Roe and Casey, however, States may not only regulate abortion, but, insofar as the federal constitution is concerned, they may also prohibit abortion. This vastly enhanced authority of the States gives state constitutional analysis an enormous significance.
Abortion under State Constitutions provides the only comprehensive analysis as to whether States may enact and enforce prohibitions, as well as regulations, of abortion. The third edition summarizes the relevant case law in those States whose supreme courts have already recognized a state right to abortion (one-fourth of the States) and gives a detailed analysis as to whether such a right would likely be recognized in States whose courts have not yet considered the issue (three-fourths of the States). The third edition includes an updated discussion of state challenges to abortion regulations, state constitutional amendments relating to abortion and various statutory developments. This edition also includes an appendix of the constitutional provisions cited and a topical index.