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Life Litigation Reports

2022 Q2 Life Litigation Report

Americans United for Life is pleased to share:

2022 Q2 Life Litigation Report

The only comprehensive listing of pro-life litigation publicly available, this Report tracks major Life cases across the country in federal and state courts. The Report also provides links to the fifteen friend-of-the-court briefs that Americans United for Life has filed in thirteen pending cases. The goal of the Report is to provide a useful resource in addition to AUL’s expertise on legal and policy issues affecting Life.

Here are some notable cases included in the Report:

Federal Litigation Cases Set to Reopen Following the Dobbs Decision

Abortion litigation in the federal courts is at a standstill, anticipating the upcoming decision in Dobbs v. Jackson Women’s Health Organization and the potential overturn of Roe v. Wade. In the late summer and early fall, we likely will see an influx of abortion litigation as these federal court cases reopen.

South Carolina Challenges Planned Parenthood as a “Qualified” Medicaid Provider

In Kerr v. Planned Parenthood South Atlantic, South Carolina has asked the Supreme Court to review whether the state may terminate Planned Parenthood’s Medicaid provider agreement because the entity offers abortions, which is against state public policy and taxpayer conscientious objections.

Florida’s Battle for Reflection Periods

After seven years of litigation, a Florida trial court has upheld the state’s twenty-four-hour reflection period for abortion decisions in Gainesville Woman Care, LLC v. State of Florida. The time for the abortionists to appeal the case has passed, which means the lawsuit is over and the reflection period is constitutional.

Oregan Open to Suicide Tourism

Oregon officials agreed not to enforce residency requirements in the state’s physician-assisted suicide law in Gideonse v. Brown, which has opened Oregon for suicide tourism.

Additional Pro-Life Litigation Updates

A Michigan court has issued a preliminary injunction against the state’s pre-Roe law that limits abortion at all gestational ages in Planned Parenthood of Michigan v. Attorney General of the State of Michigan. Governor Gretchen Whitmer also has challenged the pre-Roe law in Whitmer v. Linderman.  

The Sixth Circuit is hearing a challenge to Kentucky H.B. 3, the state’s recently enacted comprehensive abortion bill in Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, and Kentucky v. Cameron

The Montana Supreme Court is considering a “minibus” case on the submission of the briefs in Planned Parenthood of Montana v. Montana, which challenges the state’s 20-week gestational limit, chemical abortion, ultrasound viewing, and fetal heart tone provisions. Parties also are briefing the Montana Supreme Court on whether to expand the abortion health and safety law to include advanced practice registered nurses (APRN) in Weems v. Montana

Parties are briefing the Kansas Supreme Court on the state’s dismemberment prohibition in Hodes & Nauser v. Schmidt. In a separate lawsuit, parties are briefing Kansas’ health and safety licensing requirements and telemedicine restriction for chemical abortions in Hodes & Nauser v. Stanek.

For the full Report:

2022 Q2 Life Litigation Report