UCL logo

UCL Discovery

UCL home » Library Services » Electronic resources » UCL Discovery

Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt

Greasley, K; (2017) Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt. The Modern Law Review , 80 (2) pp. 325-338. 10.1111/1468-2230.12256. Green open access

[img]
Preview
Text
Greasley_Taking Abortion Rights Seriously_Whole Woman_.pdf - ["content_typename_Accepted version" not defined]

Download (446kB) | Preview

Abstract

In Whole Woman's Health v Hellerstedt the Supreme Court of the United States passed down its most important decision on abortion for just under a decade. By a majority of 5-3, the Court ruled that two provisions in a Texas law regulating abortion on grounds of women's health were constitutionally invalid, placing a ‘substantial obstacle’ in the way of women seeking to exercise their right to abortion. This comment delineates the key ways in which the Court's application of the standard of constitutional review under Planned Parenthood v Casey (1992) to the Texas provisions marks a landmark development for the protection of the constitutional right to abortion established in Roe v Wade, not the least by making clear that state abortion regulations which cite ‘women's health’ justifications should not pass constitutional review where those justifications lack a credible factual basis.

Type: Article
Title: Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12256
Publisher version: http://dx.doi.org/10.1111/1468-2230.12256
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1544129
Downloads since deposit
61Downloads
Download activity - last month
Download activity - last 12 months
Downloads by country - last 12 months

Archive Staff Only

View Item View Item