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Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter Jul 2014

Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter

Pace Law Review

This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …


Abortion Rights, Michael C. Dorf May 2014

Abortion Rights, Michael C. Dorf

Touro Law Review

No abstract provided.


Judge Posner Got It Right: Requiring Abortion Doctors To Have Hospital Admitting Privileges Places An Undue Burden On A Woman Seeking An Abortion, Kelly K. Koss May 2014

Judge Posner Got It Right: Requiring Abortion Doctors To Have Hospital Admitting Privileges Places An Undue Burden On A Woman Seeking An Abortion, Kelly K. Koss

Seventh Circuit Review

Anti-abortion activists have sought to undermine and restrict a woman's right to choose ever since 1992, when the Supreme Court replaced Roe v. Wade's strict scrutiny analysis with the looser undue burden test in Southeastern Pennsylvania v. Casey. Under Casey's undue burden test, a state regulation cannot have the "purpose or effect of placing a significant obstacle in the path of a woman seeking an abortion of a nonviable fetus." However, the Casey Court failed to define the types of regulations that would run afoul of the undue burden test and create a "substantial obstacle" in the …


Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler May 2014

Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler

University of Richmond Law Review

No abstract provided.


Roe'S Effects On Family Law, Lynne Marie Kohm Mar 2014

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.


Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony Mar 2014

Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.


Previability Abortion And The Pain Of The Unborn, Teresa S. Collett Mar 2014

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.


Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg Mar 2014

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.


The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian Mar 2014

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.


Innocent Burdens, James Edwin Mahon Mar 2014

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.


Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun Mar 2014

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Mar 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.


Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler Mar 2014

Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler

Washington and Lee Law Review

No abstract provided.


The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe Mar 2014

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.


If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith Mar 2014

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.


Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson Mar 2014

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Re-Reading Roe V. Wade, Richard S. Myers Mar 2014

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.


Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann Mar 2014

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


How Roe V. Wade Was Written, David J. Garrow Mar 2014

How Roe V. Wade Was Written, David J. Garrow

Washington and Lee Law Review

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun Mar 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann Mar 2014

Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


Abortion Distortions, Caroline Mala Corbin Mar 2014

Abortion Distortions, Caroline Mala Corbin

Washington and Lee Law Review

No abstract provided.