When Roe v. Wade is overturned, the court battles will not stop. They will move to the states, where state supreme courts will play a vital role. Instead of focusing on one national President, one Senate and one Supreme Court, the pro-life movement will need to focus on 50 state governors, 50 state legislatures and 50 state supreme courts.
Many state supreme courts are hotbeds of judicial activism. Already, sixteen activist state supreme courts have invented a right to abortion in their state’s constitution. In the same way the pro-life and conservative movements have spent decades working to stop judicial activism in the United States Supreme Court, we are extending those efforts to the state supreme courts and restore a constitutionalist judicial philosophy.
To that end, Americans United for Life initiated the State Supreme Court Project, an in-depth look at state supreme courts’ treatment of life issues and an examination of judicial restraint and/or activism at the state level. We commissioned 50 white papers, covering the status of each state’s supreme court, and examining judicial restraint and/or activism within that state.