After Dobbs Abortion Activists Try To Use State Courts in the Same Way They Used the Supreme Court in Roe To “Create” a Right to Abortion

The Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization affirmed what the pro-life movement has been saying all along – that under the United States Constitution, there is no right to abortion. The Dobbs Court also indicated that abortion is an issue for the states and the voters, not for the courts to decide.

Yet, the very “exercise of raw judicial power” that the Court noted had wrongly occurred in Roe v. Wade is improperly becoming the pursuit of abortion activists filing lawsuits in far-Left courts at the state level. If these groups get their way, the rights of the preborn and voters in states that are striving to create laws that value and protect innocent human life at all stages will once again be usurped by the courts.

Despite an overwhelming majority of the American public’s belief that abortion should be regulated or even illegal—pro-abortionists remain committed to not only eliminating the states’ right to legislate the issue of abortion, but to broadly expanding abortion so that it is available on-demand throughout all of pregnancy—or even after birth.

The ACLJ has been tracking the numerous lawsuits filed across the country that pro-abortionists have filed in an attempt to enshrine abortion rights via state courts, as well as legislative attempts to do the same. We are working to counter the attempt of abortion supporters to silence voters and destroy any right to life for the preborn.

The following are some of the issues that the ACLJ is monitoring across the states:

California: There is a near absolute right to abortion in California, with limited exceptions, including the prohibition of abortion after viability or when the abortion is performed by someone who is not an authorized health care provider. In November, Californians will vote to amend the state’s constitution, qualifying abortion as a right.

Florida: A Planned Parenthood lawsuit filed against HB 5 is making its way through the Florida courts.  The law was initially blocked as the suit proceeded, but an appeal by the state served to put the law back in effect. Planned Parenthood is attempting to again block the law, and the Florida Supreme Court has the case under consideration.  In separate actions, the bill is also under litigation by various liberal religious groups who claimthat the abortion ban violates their right to religious freedom.

Georgia: On July 26, 2022, a lawsuit was filed challenging Georgia’s fetal heartbeat law. The court denied the ACLU’s motion for preliminary injunctive relief on August 15, 2022, therefore the law will remain in effect as the case proceeds.

Indiana: In July 2022, federal judges lifted the orders that had blocked Indiana’s prohibition of second trimester “dismemberment abortion” and discriminatory abortions. A lawsuit has also been filed in opposition to S.B. 1, a bill that further restricted abortions and is scheduled to take effect on September 15, 2022.

Kentucky: A lawsuit filed on June 27, 2022, seeks to have the state’s trigger ban and ban on abortions after a fetal heartbeat is detected held invalid under the state’s constitution. An August 1st ruling has allowed the laws to remain in effect as the case proceeds.

Michigan: Governor Whitmer claims that there is a state constitutional right to abortion. She has filed suit asking the state’s Supreme Court to declare Michigan’s prohibition against abortion unconstitutional.  Her request to block the law from enforcement as the case proceeds was granted on the grounds that the public would be “harmed” otherwise. On August 24, 2022, the Michigan Court of Appeals stated it would not reconsider an order blocking enforcement of the 1931 abortion law. This November, Michigan ballots will include a measure regarding a right to abortion. The ACLJ filed an amicus brief earlier this year to support two Michigan county prosecutors, and filed a second, supplemental, brief to answer whether the Michigan Supreme Court should consider the governor’s case before or after the United States Supreme Court issued its Dobbs decision.

North Dakota: On August 25th, a state district judge stopped enforcement of the state’s trigger ban statute. The plaintiff was the state’s only abortion clinic until it moved across state lines after Dobbs.

Ohio: On September 2, 2022, a suit was filed in the state’s lower court in opposition to Ohio’s fetal heartbeat law.

Oklahoma: On July 1st, a lawsuit asserting the state’s constitution provides a right to abortion was filed regarding 1910 and 2022 statutes. The ACLJ will soon be filing an amicus brief in support of the state and the pro-life laws.

Pennsylvania: On July 28th, the governor filed a lawsuit at the state Supreme Court in opposition to a bill claiming there is no right to taxpayer-funded abortions. Pennsylvania’s Supreme Court is also considering a lawsuit filed by Planned Parenthood and other abortion providers aiming to invalidate the state’s laws against taxpayer-funded abortion. Finally, residents of Philadelphia are suing the city for violating Pennsylvania law by funding abortions.

South Carolina: On July 26th, a state judge declined to prohibit enforcement of the state’s six-week abortion ban, and granted the state’s request to transfer the case to the state Supreme Court. The plaintiffs assert that the law violates the state constitution’s privacy and equal protection provisions.

Utah: A lawsuit filed on June 25th in a Utah state court challenges the state’s trigger ban, and claims that there is a right to abortion in the state constitution. The law was blocked for the duration of the proceedings shortly after the lawsuit was filed. On August 11th, the state attorney general filed a petition to revoke the block. 

Vermont: In Vermont, abortion is considered a “fundamental right” and is statutorily protected. Vermont voters will decide in November 2022 whether to amend the state constitution to add a right to abortion.

Wyoming: On July 25, 2022, a lawsuit was filed against Wyoming’s abortion ban. An emergency hearing occurred on July 27, 2022, followed by an order restricting enforcement of the law. The latest ruling keeps the law suspended as the case goes forward.
 
We continue to monitor lawsuits filed throughout the states. Our mission to defend the rights of the preborn, as well as rights of American voters—including those who act to defend the lives of the preborn—will not be halted by Roe-style judicial edicts used by the Left. Our team is prepared to support these lifesaving state laws through advocacy and legal aid. Join us. Sign our petition today.