Immediately following the U.S. Supreme Court’s overturning of Roe v. Wade, the American Civil Liberties Union, ACLU of Kentucky, and coalition partners filed a state court lawsuit on behalf of abortion providers challenging two Kentucky laws that collectively eliminate access to abortion in the Commonwealth. The case was dismissed without prejudice after the Kentucky Supreme Court held that the abortion provider plaintiffs could not assert the constitutional rights to privacy and self-determination on behalf of their patients. The Court left open the door for Kentuckians seeking abortion to assert their own constitutional rights.

North Carolina health care providers filed a lawsuit on June 16, 2023 challenging several provisions in Senate Bill 20, a sweeping law that severely restricts access to abortion from the earliest stages of pregnancy and bans care after 12 weeks in nearly all circumstances. The case was filed one month after the North Carolina General Assembly rushed S.B. 20 through both chambers and overrode a veto from Gov. Roy Cooper to put it into law. The law — which was drafted and passed without any opportunity to amend — is scheduled to take effect on July 1.

In May 2023, the American Civil Liberties Union and the ACLU of Nebraska filed a lawsuit on behalf of Nebraska abortion providers and their patients challenging a state law that bans physicians from providing abortion after 12 weeks of pregnancy and that, as of October 2023, will restrict health care available to trans youth. The ACLU has asked a state court in Nebraska to enter an emergency order blocking the law’s enforcement. The Court ruled that the two halves of L.B. 574 fall within the single subject of regulating health care, and thus the Court held that L.B. 574 does not violate the single-subject rule. Consequently, the abortion ban and gender-affirming care restrictions in L.B. 574 remain in effect. However, the Court did reject the state’s argument that the single-subject is a nonjusticiable political question.

This case involves a challenge to Utah Senate Bill (“S.B.”), a law that criminalizes nearly all abortions in Utah. In June 2022, Planned Parenthood Association of Utah (“PPAU”), one of only two abortion providers in the state, challenged S.B. 174 in Utah state court. It is currently litigating in the Utah Supreme Court to ensure the law remains blocked while courts consider the case. PPAU is represented in the appeal by the ACLU’s State Supreme Court Initiative, along with the ACLU of Utah, Planned Parenthood Federation of America, and the Utah law firm Zimmerman Booher. In August 2024, in a major win for Utahns, the Court affirmed the lower court order blocking SB 174. As a result, abortion remains legal in Utah until 18 weeks of pregnancy.