"The sponsors of this bill believe that it is time, once again, for the U.S. Supreme Court to revisit this important matter, and they believe this act may bring about the best opportunity for this to occur."
The Alabama law undeniably violates Roe v. Wade, in which the Supreme Court held that a woman may have an abortion for any reason during the first trimester of her pregnancy.
The Alabama law also undeniably violates the Supreme Court's 1992 holding in Planned Parenthood of Southeast Pennsylvania v. Casey, which both upheld Roe and introduced a new standard to the Court's abortion jurisprudence: the undue burden test.
According to Casey, it is unconstitutional for a state to enact a regulation for "The purpose or effect of presenting a substantial obstacle to a woman seeking an abortion." That, the Court held, would "Impose an undue burden on the right."
So what happens next with the Alabama abortion ban? Planned Parenthood and other groups have already vowed to fight the law in court.
Assuming such cases come before a federal district court judge who follows Supreme Court precedent, the law will be ruled unconstitutional under the Roe/Casey precedents.
Here is one thing that we can expect on the abortion front at SCOTUS. In 2016, the Supreme Court struck down a Texas law that required all abortion clinics in the state to meet the same standards required of ambulatory surgical centers and also required all doctors who perform abortions in the state to have admitting privileges at nearby hospitals.
https://reason.com/2019/05/17/the-supreme-court-probably-wont-kill-roe-yet/
The Alabama law undeniably violates Roe v. Wade, in which the Supreme Court held that a woman may have an abortion for any reason during the first trimester of her pregnancy.
The Alabama law also undeniably violates the Supreme Court's 1992 holding in Planned Parenthood of Southeast Pennsylvania v. Casey, which both upheld Roe and introduced a new standard to the Court's abortion jurisprudence: the undue burden test.
According to Casey, it is unconstitutional for a state to enact a regulation for "The purpose or effect of presenting a substantial obstacle to a woman seeking an abortion." That, the Court held, would "Impose an undue burden on the right."
So what happens next with the Alabama abortion ban? Planned Parenthood and other groups have already vowed to fight the law in court.
Assuming such cases come before a federal district court judge who follows Supreme Court precedent, the law will be ruled unconstitutional under the Roe/Casey precedents.
Here is one thing that we can expect on the abortion front at SCOTUS. In 2016, the Supreme Court struck down a Texas law that required all abortion clinics in the state to meet the same standards required of ambulatory surgical centers and also required all doctors who perform abortions in the state to have admitting privileges at nearby hospitals.
https://reason.com/2019/05/17/the-supreme-court-probably-wont-kill-roe-yet/
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