Those state lawsuits began immediately.
19
According to the
Brennan Center for Justice’s “State Court Abortion Litigation
Waggoner explaining that there are now generally four areas of
abortion laws that will be litigated post-Dobbs: (1) trigger laws (state
laws with provisions restricting or prohibition abortion to some
degree upon Roe being overturned); (2) pre-Roe laws limiting
abortion; (3) post-Roe/pre-Dobbs laws stricken under Roe; and (4)
post-Dobbs (new) laws restricting and regulating abortions); Becky
Sullivan, “With Roe Overturned, State Constitutions Are Now at the
Center of the Abortion Fight,”
https://www.npr.org/2022/06/29/1108251712/roe-v-wade-
abortion-ruling-state-constitutions (last visited Mar. 14, 2024)
(“Now, with Roe v. Wade overturned, the legal spotlight has shifted
to the states, where abortion supporters and opponents must
contend with 50 different constitutions that, in many places,
guarantee rights more broadly than their federal counterpart.”); see
also David S. Cohen et. al., The New Abortion Battleground, 123
Colum. L. Rev. 1, 2–3 (2023) (predicting that “interjurisdictional
abortion wars are coming” now that there is no longer a national,
uniform abortion right, which will involve intervention by the federal
government).
19. See American Civil Liberties Union (ACLU), “Reproductive
Rights Organizations Go to Court in 11 States to Protect Abortion
Access in Aftermath of Roe v. Wade Falling,”
https://www.aclu.org/press-releases/reproductive-rights-
organizations-go-court-11-states-protect-abortion-access (last
visited Mar. 14, 2024) (“This week, following the U.S. Supreme
Court’s decision to overturn Roe v. Wade and eliminate the federal
constitutional right to abortion, Planned Parenthood Federation of
America (PPFA), the American Civil Liberties Union, and the Center
for Reproductive Rights (CRR) took legal action to block abortion
bans in 11 states: Arizona, Idaho, Kentucky, Louisiana, Mississippi,
Ohio, Oklahoma, Florida, Texas, Utah, and West Virginia. So far,
these efforts have successfully blocked abortion bans in five
states—Utah, Kentucky, Louisiana, Florida, and Texas—through