Erin Sutton

Oct 15, 2024 | jdsupra.com | Erin Sutton

State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion. In the post-Dobbs era, state supreme courts have been divided over whether state constitutions offer protections for abortion.

Oct 14, 2024 | natlawreview.com | Erin Sutton

State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion. In the post-Dobbs era, state supreme courts have been divided over whether state constitutions offer protections for abortion.

Jun 18, 2024 | jdsupra.com | Erin Sutton

On Friday, June 14, the Texas Supreme Court declined to consider a case that asked the Court to determine whether frozen embryos are persons or property under Texas law. Background: Antoun v. AntounThe case, Antoun v. Antoun[1], came before the Texas Supreme Court after a couple’s divorce trial awarded the couple’s three frozen embryos to the husband.

Jun 14, 2024 | natlawreview.com | Erin Sutton

On June 13, 2024, a unanimous Supreme Court held that physicians and medical associations opposed to abortion lacked standing to challenge the U.S. Food and Drug Administration’s (FDA’s) approval of the drug mifepristone, which is primarily used in terminating pregnancy. The Court’s decision in FDA v. Alliance for Hippocratic Medicine affirms the status quo—mifepristone will remain available to patients without in-person dispensing requirements and for pregnancies up to 10 weeks.

May 3, 2024 | natlawreview.com | Erin Sutton

When the U.S. Supreme Court overturned nearly 50 years of federal constitutional protection for abortion in Dobbs v. Jackson Women’s Health Organization, the majority may have sought to return the issue of abortion to “the people and their elected representatives,” but they likely did not intend for the “elected representatives” to be state supreme court justices. Since Dobbs, proponents and opponents of abortion have ultimately battled before state supreme courts as opposed to state legislatures.