Editing Constitutional Liberties
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==== Government Regulation of Abortions ==== | ==== Government Regulation of Abortions ==== | ||
===== | ===== Whole Woman’s Health v Hellerstedt ===== | ||
Facts: The state of Texas passed two laws governing abortions. The first required that a doctor performing the abortion have admitting privileges at a hospital no more than 30 miles from where the abortion is going to be performed (Admitting-privileges Requirement). This provision was adopted to ensure that women had easy access to a hospital in the event that complications from the abortion arose. The second provision required that the standard for each abortion facility meet the minimum standards for ambulatory surgical centers (The surgical center requirement). Whole Woman sued the defendant, commissioner of the Texas Department of State Health Services, claiming that the laws were unconstitutional. The district court determined that the laws would reduce the number of abortion facilities in Texas from 40 to eight. | Facts: The state of Texas passed two laws governing abortions. The first required that a doctor performing the abortion have admitting privileges at a hospital no more than 30 miles from where the abortion is going to be performed (Admitting-privileges Requirement). This provision was adopted to ensure that women had easy access to a hospital in the event that complications from the abortion arose. The second provision required that the standard for each abortion facility meet the minimum standards for ambulatory surgical centers (The surgical center requirement). Whole Woman sued the defendant, commissioner of the Texas Department of State Health Services, claiming that the laws were unconstitutional. The district court determined that the laws would reduce the number of abortion facilities in Texas from 40 to eight. | ||
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Holding: Yes | Holding: Yes | ||
Reasoning: A law with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion imposes an undue burden on a woman’s right to have an abortion and is unconstitutional. Under Planned Parenthood v Casey, states can impose limited restrictions on abortions that ensures the safety of the patient, but these restrictions cannot unduly burden the patient’s right to have an abortion. In this case, the district court did not err that the laws were Unconstitutional. | Reasoning: A law with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion imposes an undue burden on a woman’s right to have an abortion and is unconstitutional. Under Planned Parenthood v Casey, states can impose limited restrictions on abortions that ensures the safety of the patient, but these restrictions cannot unduly burden the patient’s right to have an abortion. In this case, the district court did not err that the laws were Unconstitutional. | ||
===== [[Gonzales v Carhart]] ===== | ===== [[Gonzales v Carhart]] ===== |