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Chicago-Kent College of Law

Seventh Circuit Review

2014

Planned Parenthood of Wisconsin Inc. v. Van Hollen

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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 …