Think state supreme courts will save abortion rights? Think again.

Source: Washington Post
by Neal Devins

“If the U.S. Supreme Court overturns Roe v. Wade, don’t look to state supreme courts to step in to protect abortion rights. State supreme courts have the power to interpret their own state constitutions to provide broader protections for individual liberty than the U.S. Supreme Court. But they rarely break from their state’s dominant political culture. Unlike life-tenured federal court judges, justices in 38 states stand for election, and their decisions are subject to voter initiatives and other democratic checks. On abortion, they probably agree with their state’s political establishment and, if not, they understand that any decision countermanding the state is subject to political override.” (06/22/22)