• If you thought that the Dobbs v. Jackson Women’s Health case had put the question of abortion to bed, you were wrong.
• Activists are attempting to amend the constitution of several states to protect abortion.
• Would such amendments to state constitutions violate the Constitution of the United States?
Since last year’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the court’s precedent in Roe v. Wade, there has been a flurry of work on both sides of the debate. Some states passed legislation restricting access to abortions except for medically sound reasons, others to not only secure abortion access in law but effectively declare themselves abortion sanctuary states. Some groups are working to enshrine abortion in their state’s constitution. With all the heated rhetoric on both sides, one question never seems to be asked: Would any of these state constitutional amendments be constitutional?
The Issue That Will Not Go Away
Just as those in 1973 who thought that Roe v. Wade would put an end to the abortion debate, there are those who thought the 2022 case Dobbs v. Jackson Women’s Health would also end the debate. Both groups were wrong. In 1973, the Supreme Court, rather than tampin ...
