The Yale Law Journal

Forthcoming in Volume 125: Casey and the Clinic Closings

Charles C. Bridge
25 Feb 2016

Next Wednesday, March 2, the Supreme Court will hear oral argument in Whole Woman's Health v. Hellerstedt, a case that asks the Court to decide whether HB2, a Texas law regulating abortion, violates the rule of Planned Parenthood v. Casey by imposing an "undue burden" on women seeking an abortion.

In the Journal's March issue, Linda Greenhouse and Reva Siegel argue that the answer is yes, and that the Texas legislature has "single[d] out abortion for burdensome and unwarranted health restrictions that obstruct a woman’s decision to end a pregnancy. . . . The question now is whether courts will authorize states to restrict abortion in ways the Constitution prohibits merely by relabeling an interest in protecting unborn life as an interest in protecting women’s health."

The most recent draft of the piece is available on SSRN. The authors also contributed to a SCOTUSblog symposium on Whole Woman's Health in January.