Skip Navigation
Resource

State Court Abortion Litigation Tracker

Numerous challenges to abortion bans have been filed in state courts since the Supreme Court overturned Roe v. Wade.

Last Updated: January 6, 2023
Published: December 5, 2022
State courthouse
egearing/Getty
Brennan Center and Center for Reproductive Rights logos

This tracker is a joint project of the Center for Reproductive Rights and the Brennan Center for Justice.

In June, the Supreme Court overturned Roe v. Wade, the nearly 50-year-old landmark ruling that the federal Constitution protects a right to abortion. In the wake of the Court’s decision in Dobbs v. Jackson Women’s Health Organization, a number of states quickly moved to enforce abortion bans and restrictions, spurring a slate of emergency litigation to protect reproductive rights under state law. In this tracker, the Brennan Center for Justice and the Center for Reproductive Rights aggregate pending and completed state court litigation against bans that were, or would have been, unconstitutional under Roe.

This is not a summary of abortion access in the states — for information on the current status of state abortion bans and restrictions, as well as laws protecting abortion access in the states, please see the Center for Reproductive Rights’s After Roe Fell: Abortion Laws by State. To learn about state court decisions that established state constitutional protections for abortion rights prior to Dobbs, please see the report on State Constitutions and Abortion Rights.

As of January 6, 2023, a total of 34 cases have been filed challenging abortion bans in 19 states, of which 27 remain pending at either the trial or appellate levels.

So far, the South Carolina Supreme Court has held that its state constitution protects the right to an abortion, while the Idaho Supreme Court has reached the opposite conclusion. 

Key:

No state court challenges to abortion bans filed after Dobbs

State court challenges to abortion bans filed after Dobbs

States:

  • Alabama

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Alabama

  • Alaska

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Alaska

  • Arizona

    Key:

    State court challenges to abortion bans filed after Dobbs

    Arizona

  • Arkansas

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Arkansas

  • California

    Key:

    No state court challenges to abortion bans filed after Dobbs

    California

  • Colorado

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Colorado

  • Connecticut

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Connecticut

  • Delaware

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Delaware

  • District of Columbia

    Key:

    No state court challenges to abortion bans filed after Dobbs

    District of Columbia

  • Florida

    Key:

    State court challenges to abortion bans filed after Dobbs

    Florida

  • Georgia

    Key:

    State court challenges to abortion bans filed after Dobbs

    Georgia

  • Hawaii

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Hawaii

  • Idaho

    Key:

    State court challenges to abortion bans filed after Dobbs

    Idaho

  • Illinois

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Illinois

  • Indiana

    Key:

    State court challenges to abortion bans filed after Dobbs

    Indiana

  • Iowa

    Key:

    State court challenges to abortion bans filed after Dobbs

    Iowa

  • Kansas

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Kansas

  • Kentucky

    Key:

    State court challenges to abortion bans filed after Dobbs

    Kentucky

  • Louisiana

    Key:

    State court challenges to abortion bans filed after Dobbs

    Louisiana

  • Maine

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Maine

  • Maryland

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Maryland

  • Massachusetts

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Massachusetts

  • Michigan

    Key:

    State court challenges to abortion bans filed after Dobbs

    Michigan

  • Minnesota

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Minnesota

  • Mississippi

    Key:

    State court challenges to abortion bans filed after Dobbs

    Mississippi

  • Missouri

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Missouri

  • Montana

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Montana

  • Nebraska

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Nebraska

  • Nevada

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Nevada

  • New Hampshire

    Key:

    No state court challenges to abortion bans filed after Dobbs

    New Hampshire

  • New Jersey

    Key:

    No state court challenges to abortion bans filed after Dobbs

    New Jersey

  • New Mexico

    Key:

    No state court challenges to abortion bans filed after Dobbs

    New Mexico

  • New York

    Key:

    No state court challenges to abortion bans filed after Dobbs

    New York

  • North Carolina

    Key:

    No state court challenges to abortion bans filed after Dobbs

    North Carolina

  • North Dakota

    Key:

    State court challenges to abortion bans filed after Dobbs

    North Dakota

  • Ohio

    Key:

    State court challenges to abortion bans filed after Dobbs

    Ohio

  • Oklahoma

    Key:

    State court challenges to abortion bans filed after Dobbs

    Oklahoma

  • Oregon

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Oregon

  • Pennsylvania

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Pennsylvania

  • Rhode Island

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Rhode Island

  • South Carolina

    Key:

    State court challenges to abortion bans filed after Dobbs

    South Carolina

  • South Dakota

    Key:

    No state court challenges to abortion bans filed after Dobbs

    South Dakota

  • Tennessee

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Tennessee

  • Texas

    Key:

    State court challenges to abortion bans filed after Dobbs

    Texas

  • Utah

    Key:

    State court challenges to abortion bans filed after Dobbs

    Utah

  • Vermont

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Vermont

  • Virginia

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Virginia

  • Washington

    Key:

    No state court challenges to abortion bans filed after Dobbs

    Washington

  • West Virginia

    Key:

    State court challenges to abortion bans filed after Dobbs

    West Virginia

  • Wisconsin

    Key:

    State court challenges to abortion bans filed after Dobbs

    Wisconsin

  • Wyoming

    Key:

    State court challenges to abortion bans filed after Dobbs

    Wyoming