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3 Takeaways About Abortion Litigation Since Dobbs

Brennan Center: “In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and held that there is no federal constitutional right to an abortion. This shifted the battle for reproductive rights primarily to the states. Dozens of lawsuits have since been filed under state constitutions and statutes challenging abortion bans, many of which were “triggered” once the high court issued its decision in Dobbs. As of December 13, 2022, 34 such cases have been filed in 19 states, of which 31 remain pending at either the trial or appellate levels, as detailed in a new tracker from the Brennan Center and the Center for Reproductive Rights. No state high courts have issued final rulings on the status of abortion in their jurisdictions. Plaintiffs withdrew their lawsuits in Mississippi and Texas, leaving those states’ bans in effect. Plaintiffs also withdrew a challenge filed with the Ohio Supreme Court so that they could refile in a state trial court. Here are some key takeaways from the litigation to date…”

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