After a forty-nine-year struggle, the Supreme Court finally overruled Roe v. Wade and its pernicious progeny, Planned Parenthood of Southeastern Pennsylvania v. Casey. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court unequivocally “h[e]ld that Roe and Casey must be overruled,” and “return[ed] the issue of abortion to the people’s elected representatives.” Accordingly, States may limit abortion to safeguard maternal health and protect preborn life at all gestational stages.
Americans United for Life has prepared a litigation guide to provide an overview and resources regarding abortion litigation in a post-Roe world. The document discusses:
- Abortion policy in each state.
- The status of the thirteen abortion conditional laws.
- Rational basis review for federal court litigation.
- Procedural arguments challenging the § 1983 lawsuit, third-party standing, and mootness.
- Rule 60(b)(5) motions to vacate permanent injunctions and possibly reimburse attorney’s fees.
- State court litigation and state constitutional abortion “rights.”
Americans United for Life is committed to assisting States in defending Life and is preparing comprehensive resources on defending Life in the States in a post-Roe world. We will continue to fight until the law protects all human beings, from conception until natural death.
Download The Playbook Here
The Attorney General’s Playbook for a Post-Roe World.