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The Conversation
The Conversation
Politics
John Dinan, Professor of Politics and International Affairs, Wake Forest University

State battles over abortion are leading to state constitutional amendments – an option in all states and available directly to citizens in 18 states

The Michigan State Capitol, like statehouses around the country, has been the site of numerous abortion policy battles. Brandon Bartoszek

The battles over abortion – who can get one, when they can get one – largely shifted from a focus on the U.S. Supreme Court back to state lawmakers and judges in June 2022. That’s when the Supreme Court ruled that there was no federal constitutional guarantee of the right to get an abortion. States, they said, should be making the rules.

That decision, Dobbs v. Jackson Women’s Health Organization, has meant a lot of activity in the past year in both state legislatures and courts. Two contradictory rulings early in April 2023 about whether women should have access to mifepristone, one of the two kinds of prescription abortion pills typically taken together for abortion, make it clear that federal courts still play a role in abortion policymaking. But states remain an important battleground.

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