Courts wrestle with wave of new state abortion laws
[...] As courts weigh the legal challenges to these laws, they’re being asked to spell out exactly how far states can go in regulating abortion and what requirements go too far. And states, particularly those in which Republicans made gains in November, may enact more restrictions in the months to come.
“I think the fate of the undue burden standard is really being debated and discussed in the courts right before our eyes and seems ripe for a Supreme Court review,” said Gretchen Borchelt, state policy director for the National Women’s Law Center.
[I. Glenn] Cohen, co-director of Harvard Law’s Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, concurs. “The notion of when something becomes an undue burden is extremely vague,” he said. [...]abortion bioethics health law policy i. glenn cohen judicial opinions medical safety public health regulation reproductive rights