Reproductive Freedom
Dobbs v. Jackson Women’s Health Organization
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Dobbs v. Jackson Women’s Health Organization
Reproductive Freedom
Status: Closed (Judgment)
The case concerns the constitutionality of a Mississippi law prohibiting abortions after the fifteenth week of pregnancy. The state used the case as a vehicle to ask the Supreme Court to take away the federal constitutional right to abortion it first recognized 50 years before in Roe v. Wade. On June 24, 2022, the Supreme Court of the United States accepted the state’s invitation and overturned Roe eliminating the federal constitutional right to abortion.
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Featured
U.S. Supreme Court
Apr 2022
Cameron v. EMW Women’s Surgical Center
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.
Status: Closed (Judgment)
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U.S. Supreme Court
Dec 2021
Whole Woman's Health v. Jackson
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.
Status: Closed (Judgment)
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All Cases
111 Reproductive Freedom Cases
Ohio
Apr 2024
Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.
In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory follows a previous April 5, 2021 preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. The law is currently blocked from taking effect. In April 2024, Plaintiffs filed a Second Amended Complaint challenging the law under the Right to Reproductive Freedom Amendment of the Ohio Constitution. Litigation continues in the Hamilton County Court of Common Pleas.
This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.
Status: Ongoing
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Ohio
Reproductive Freedom
Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.
In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory follows a previous April 5, 2021 preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. The law is currently blocked from taking effect. In April 2024, Plaintiffs filed a Second Amended Complaint challenging the law under the Right to Reproductive Freedom Amendment of the Ohio Constitution. Litigation continues in the Hamilton County Court of Common Pleas.
This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.
Apr 2024
Status: Ongoing
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Ohio
Apr 2024
Women's Medical Group Professional Corp. v. Vanderhoff
Ohio clinics must maintain an ambulatory surgical facility license to provide procedural abortion. Ohio imposes medically unnecessary and burdensome licensing requirements that make it difficult, if not impossible, for abortion clinics to maintain their licenses.
Status: Ongoing
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Ohio
Reproductive Freedom
Women's Medical Group Professional Corp. v. Vanderhoff
Ohio clinics must maintain an ambulatory surgical facility license to provide procedural abortion. Ohio imposes medically unnecessary and burdensome licensing requirements that make it difficult, if not impossible, for abortion clinics to maintain their licenses.
Apr 2024
Status: Ongoing
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Ohio
Mar 2024
Preterm-Cleveland, et al, v. Dave Yost, et al.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm Covington & Burling LLP filed a lawsuit challenging several Ohio laws that together force abortion patients to wait a minimum of 24 hours after receiving unnecessary state-mandated information in person before they can access their desired abortion care. These laws violate Ohio’s constitutional right to reproductive freedom passed on November 7, 2023. Ohio is one of four states that have amended their constitutions to enshrine a fundamental right to abortion since the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.
Status: Ongoing
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Ohio
Reproductive Freedom
Preterm-Cleveland, et al, v. Dave Yost, et al.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm Covington & Burling LLP filed a lawsuit challenging several Ohio laws that together force abortion patients to wait a minimum of 24 hours after receiving unnecessary state-mandated information in person before they can access their desired abortion care. These laws violate Ohio’s constitutional right to reproductive freedom passed on November 7, 2023. Ohio is one of four states that have amended their constitutions to enshrine a fundamental right to abortion since the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.
Mar 2024
Status: Ongoing
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Alabama
Jan 2024
Oasis Family Birthing Center et. al. v. Alabama Department of Public Health
A group of midwives and doctors filed a lawsuit in state court challenging ongoing actions by the Alabama Department of Public Health (ADPH), which have imposed a de facto ban on freestanding birth centers throughout Alabama, preventing three such birth centers from providing much-needed pregnancy care to their patients. One center was forced to abruptly shut down operations earlier this year, despite a perfect safety record. After hearing oral argument in late September 2023, the Circuit Court of Montgomery County granted our request for a Preliminary Injunction on September 30, 2023, preventing ADPH from refusing to timely license freestanding birth centers that comply with nationally-recognized safety standards for birth centers while litigation continues.
Status: Ongoing
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Alabama
Reproductive Freedom
Oasis Family Birthing Center et. al. v. Alabama Department of Public Health
A group of midwives and doctors filed a lawsuit in state court challenging ongoing actions by the Alabama Department of Public Health (ADPH), which have imposed a de facto ban on freestanding birth centers throughout Alabama, preventing three such birth centers from providing much-needed pregnancy care to their patients. One center was forced to abruptly shut down operations earlier this year, despite a perfect safety record. After hearing oral argument in late September 2023, the Circuit Court of Montgomery County granted our request for a Preliminary Injunction on September 30, 2023, preventing ADPH from refusing to timely license freestanding birth centers that comply with nationally-recognized safety standards for birth centers while litigation continues.
Jan 2024
Status: Ongoing
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Dec 2023
Guam Society of OBGYNs v. Guerrero
Guam Society of OBGYNs v. Guerrero is a case originally brought by the ACLU and local attorneys on Guam challenging a 1990 total ban on abortion that imposes criminal penalties on patients, providers and those who speak about abortion. In August of 1990, a federal district court judge for the District of Guam granted the ACLU’s motion for summary judgment and entered a permanent injunction against the ban. After appeals were exhausted, the case was closed. Over three decades later, on February 1, 2023, Guam Attorney General Douglas B. Moylan filed a Federal Rule of Civil Procedure 60(b)(5) motion to vacate the permanent injunction and dismiss the case with prejudice. The ACLU and Guam local counsel is opposing the motion, on behalf of the only remaining original plaintiff, and proposed intervenors — the only two providers of abortion in Guam, and Guam-based reproductive justice organization Famalao’an Rights.
Status: Ongoing
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Reproductive Freedom
Guam Society of OBGYNs v. Guerrero
Guam Society of OBGYNs v. Guerrero is a case originally brought by the ACLU and local attorneys on Guam challenging a 1990 total ban on abortion that imposes criminal penalties on patients, providers and those who speak about abortion. In August of 1990, a federal district court judge for the District of Guam granted the ACLU’s motion for summary judgment and entered a permanent injunction against the ban. After appeals were exhausted, the case was closed. Over three decades later, on February 1, 2023, Guam Attorney General Douglas B. Moylan filed a Federal Rule of Civil Procedure 60(b)(5) motion to vacate the permanent injunction and dismiss the case with prejudice. The ACLU and Guam local counsel is opposing the motion, on behalf of the only remaining original plaintiff, and proposed intervenors — the only two providers of abortion in Guam, and Guam-based reproductive justice organization Famalao’an Rights.
Dec 2023
Status: Ongoing
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