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Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Fordham Urban Law Journal
This article outlines the current landscape of the constitutional right to abortion established in Roe v. Wade. Analyzing the court's holdings in Planned Parenthood v. Casey and Stenberg v. Carhart, the author details the ways in which recognition of a government interest in potential life at any stage in a pregnancy, as well as the lofty "undue burden" standard in analyzing policies that hinder access to abortion, have eroded this right. Finally, the author stresses the Supreme Court cases' disparate impact on the abortion rights of low-income and rural dwelling women.