Legal landscape

Recent Court Rulings

Key federal and state court decisions affecting reproductive healthcare access. Sorted most recent first. Each entry includes a plain-language summary and what it means in practice.

This is a rapidly changing area of law. Rulings are regularly appealed, stayed, or superseded by legislation. Check Center for Reproductive Rights or ACLU for the most current status of any case.

Supreme Court of the United States

Moyle v. United States

High impact

June 27, 2024 · Affects: ID

The Supreme Court dismissed the case challenging whether Idaho's near-total abortion ban conflicts with the federal Emergency Medical Treatment and Labor Act (EMTALA), which requires hospital emergency rooms to provide stabilizing treatment. The dismissal as "improvidently granted" left the underlying legal question unresolved.

Practical impact: Idaho's near-total abortion ban went back into effect. Emergency room doctors in Idaho cannot perform abortions even when a patient's health is in serious danger — only when death is imminent. The broader EMTALA conflict will need to be litigated in lower courts before reaching the Supreme Court again.

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Supreme Court of the United States

FDA v. Alliance for Hippocratic Medicine

High impact

June 13, 2024

A unanimous Supreme Court ruled that anti-abortion doctors and organizations lacked legal standing to challenge the FDA's approval of mifepristone, the medication used in most medication abortions in the US. The Court did not rule on the merits of mifepristone's approval.

Practical impact: Mifepristone remains fully available as approved by the FDA. The ruling was a decisive victory for medication abortion access, though the standing holding means the FDA approval itself was not explicitly reaffirmed on the merits. Future challenges by parties with standing remain possible.

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Arizona Supreme Court

Planned Parenthood Arizona v. Mayes (Arizona 1864 Ban Ruling)

High impact

April 9, 2024 · Affects: AZ

The Arizona Supreme Court ruled that an 1864 law banning nearly all abortions could be enforced. The law, written before Arizona was a state, prohibits all abortions except to save the mother's life and would impose criminal penalties on providers.

Practical impact: Arizona's legislature subsequently repealed the 1864 law (effective June 2024), preventing the ban from taking effect. Arizona currently allows abortion up to 15 weeks under a 2022 law. Voters passed Proposition 139 in November 2024, enshrining abortion rights in the state constitution through fetal viability.

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Texas Supreme Court

Zurawski v. State of Texas

High impact

April 5, 2024 · Affects: TX

Texas's highest court upheld the state's near-total abortion ban and refused to create a clear standard for when doctors can intervene to protect a patient's life or health. The court ruled that the existing "medical emergency" exception is sufficient but left its definition vague.

Practical impact: Physicians in Texas remain at legal risk even when performing abortions for documented medical emergencies. The ruling effectively means doctors must wait until a patient is on the verge of death before acting. Several patients who brought the lawsuit had experienced severe, preventable health complications.

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Fifth Circuit Court of Appeals

Alliance for Hippocratic Medicine v. FDA (5th Circuit)

High impact

August 16, 2023

The Fifth Circuit upheld key restrictions on mifepristone, ruling that the FDA improperly removed safety protocols when it approved mail-order dispensing and extended use to 10 weeks. The decision would have severely curtailed mifepristone access.

Practical impact: The decision was stayed pending Supreme Court review. The Supreme Court ultimately dismissed the case in June 2024 (FDA v. Alliance for Hippocratic Medicine) on standing grounds, leaving the 5th Circuit ruling without effect. Mifepristone access was restored fully.

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Seventh Circuit Court of Appeals

Green v. Planned Parenthood of Indiana and Kentucky

Medium impact

June 1, 2023 · Affects: IN, IL, WI

The Seventh Circuit struck down Indiana's mandatory ultrasound law requiring providers to display and describe an ultrasound to abortion patients before the procedure, finding it imposed an undue burden. The ruling was issued under Casey's framework before Dobbs was fully applied.

Practical impact: The decision applied in Indiana, Illinois, and Wisconsin. Indiana subsequently passed stricter abortion restrictions following Dobbs. The underlying Indiana near-total ban went into effect in 2022.

Supreme Court of the United States

Dobbs v. Jackson Women's Health Organization

High impact

June 24, 2022 · Affects: AL, AR, ID, KY, LA, MS, MO, ND, OK, SD, TN, TX, WV

The Supreme Court overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), holding that the Constitution does not confer a right to abortion. The Court returned the authority to regulate abortion to each individual state.

Practical impact: Triggered immediate abortion bans or severe restrictions in 13 states. All remaining protections for abortion access now depend entirely on state law, with no federal constitutional floor. Women in restrictive states must travel for care or use telehealth services.

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Supreme Court of the United States

Planned Parenthood v. Casey (overruled)

High impact

June 29, 1992

The Supreme Court upheld the constitutional right to abortion established in Roe v. Wade, but replaced the trimester framework with a "viability" standard and an "undue burden" test — laws imposing an undue burden on access before viability were unconstitutional. This framework was overruled by Dobbs in 2022.

Practical impact: Casey governed abortion law for 30 years. It allowed states to regulate abortion provided regulations did not create an "undue burden." It was completely overruled by Dobbs v. Jackson Women's Health Organization on June 24, 2022, removing all federal constitutional protections.

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