Building Protections for Reproductive Autonomy in State Constitutions

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Building Protections for Reproductive Autonomy in State Constitutions
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If not protected from partisan and ideological attacks, it will become even harder for state courts to build a stronger and more inclusive jurisprudence for reproductive autonomy.

,” these opinions have not only protected access within the state, but also collectively influenced positive decisions in other states.

While state courts still have far to go—none have addressed the racial discrimination that undergirds restrictions, for example, or considered the intersection of pregnancy, childbirth and security for families as part of reproductive autonomy—they have built a legal foundation that goes beyond what the federal courts have allowed.

Demonstrators rally against anti-abortion and voter suppression laws outside the Texas State Capitol on Oct. 2, 2021 in Austin, Texas. Since Sept. 1, 2021, abortion has been banned in the state after six weeks gestation. One important way that state courts have avoided pitfalls in federal jurisprudence is by expansively interpreting the text and history of their constitutions to safeguard reproductive rights.

Similarly, the Montana Supreme Court held that open-ended constitutional language required judges to expansively

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