Unduly Burdening Women’s Health: How Lower Courts are Undermining Whole Woman’s Health v. Hellerstedt

Abstract

Some states are already attempting to cabin the Supreme Court’s recent decision Whole Woman’s Health v. Hellerstedt in a variety of unpersuasive ways. Hellerstedt reaffirmed that women have a constitutionally protected right to decide to end a pregnancy, and that restrictions on abortion are constitutionally valid only if the restrictions do not impose an undue burden on women seeking an abortion.