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On June 24, 2022, in Dobbs v. Jackson Women's Health Organization, the United States Supreme Court overruled its earlier decisions in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) that had recognized a right to abortion under the federal constitution. The Court's decision in Dobbs returns the issue of abortion to the States. Before the Court's decision in Dobbs, state constitutional analysis was important as it related to the validity, under state constitutions, of abortion regulations that met federal constitutional standards. With the overruling of Roe and Casey, however, States may not only regulate abortion, but, insofar as the federal constitution is concerned, they may also prohibit abortion. This vastly enhanced authority of the States gives state constitutional analysis an enormous significance.

Abortion under State Constitutions provides the only comprehensive analysis as to whether States may enact and enforce prohibitions, as well as regulations, of abortion. The third edition summarizes the relevant case law in those States whose supreme courts have already recognized a state right to abortion (one-fourth of the States) and gives a detailed analysis as to whether such a right would likely be recognized in States whose courts have not yet considered the issue (three-fourths of the States). The third edition includes an updated discussion of state challenges to abortion regulations, state constitutional amendments relating to abortion and various statutory developments. This edition also includes an appendix of the constitutional provisions cited and a topical index.

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Since the Supreme Court's 1973 decision in Roe v. Wade nullified 46 state abortion statutes, both scholarly and general analysis of the constitutional status of abortion rights (and related rights, such as the right to privacy) has focused on the federal level. As Linton reminds the reader, however, both prior and subsequent to Roe, state courts and state constitutions have been relevant to the abortion debate. With the Supreme Court giving increasing leeway to the states to regulate abortion, the role of state courts is becoming more important. Some states provide higher "ceilings" for abortion rights than the current federal "floor," whereas other state courts are unlikely to find a right for a woman to choose an abortion, should Roe be overruled. Linton provides comprehensive information about abortion under the constitutional frameworks of every state. Not only is every relevant constitutional decision concerning abortion described, but for states where courts have not directly addressed the question, Linton examines the constitutional text and state court opinions for constitutional provisions (such as freedom of religion and rights to privacy) that are potentially relevant. Scholars interested in how state courts have grappled with the question of abortion rights, however, will find this book invaluable. Summing Up: Recommended. Graduate, research, and professional collections. S. Lemieux Hunter College