In 2018, the American Civil Liberties Union and the ACLU of Kentucky filed a suit on behalf of Kentucky abortion providers and their patients challenging a state law banning physicians from providing a safe and medically proven abortion method called dilation and evacuation, or “D&E.” If it were to take effect, this law would prevent many patients from being able to obtain an abortion altogether. After two courts held that the law is unconstitutional, the Supreme Court ruled in March 2022 that Kentucky Attorney General Cameron can continue his pursuit to push abortion out of reach by intervening in the underlying challenge to an abortion ban, which is proceeding in a lower court.

The American Civil Liberties Union, the ACLU of Texas, and coalition partners filed a federal lawsuit on behalf of abortion providers and funds on July 13, 2021, challenging S.B. 8, a Texas law allowing private citizens to enforce a ban on abortion as early as six weeks in pregnancy—before many know they are pregnant. The ACLU’s challenge made its way to the U.S. Supreme Court three times in as many months. After hearing oral arguments in the case, the Court issued a decision on December 10, 2021, that ended the most promising pathways to blocking the ban. The Supreme Court’s decision makes it more difficult to obtain adequate relief from the courts and gives states the green light to ban abortion using bounty-hunting schemes. Texas’ abortion ban will remain in effect until relief can be secured from a court.