The right of privacy and restraints on abortion under the "undue burden" test: a jurisprudential comparison of Planned Parenthood v. Casey with European practice and Italian law.
نویسنده
چکیده
منابع مشابه
Winter count: taking stock of abortion rights after Casey and Carhart.
This article outlines the current landscape of the constitutional right to abortion established in Roe v. Wade. Analyzing the court’s holdings in Planned Parenthood v. Casey and Stenberg v. Carhart, the author details the ways in which recognition of a government interest in potential life at any stage in a pregnancy, as well as the lofty “undue burden” standard in analyzing policies that hinde...
متن کاملCasey and its impact on abortion regulation.
Given the Supreme Court’s shift from a strict scrutiny standard to an “undue burden” standard in Planned Parenthood v. Casey, this article advocates for application of the standard in a way that is deferential to state legislatures. The author finds a number of problems with the holding in Casey for which it seeks judicial and legislative action: the undue burden standard is vague; it is unclea...
متن کاملThe Emerging Use of a Balancing Approach in Casey’s Undue Burden Analysis
This Article highlights an important shift occurring in the analytical framework used to assess the constitutional validity of abortion related laws. Specifically, the Article analyzes the adoption by lower courts of a significant modification to the undue burden analysis developed by Justice O’Connor in Planned Parenthood of Southeastern Pennsylvania v. Casey. As described by Justice O’Connor,...
متن کاملEvolution of the European Court of Human Rights encountering with challenges of the right to life: A Case Study of Fundamental Abortion and Mortality Votes
The right to life is one of the fundamental human rights that has been recognized and guaranteed in all religious texts and in many international documents, including the European Convention on Human Rights. Nevertheless, at the same time as the ease of meaning, its conceptual difficulty has been challenged by various lawyers. This Include the death penalty, suicide, Otanazi, abortion as the mo...
متن کاملWhole Woman's Health v. Hellerstedt (2016)
In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion [2] providers have admitting privileges at local hospitals and that abortion [2] facilities meet ambulatory surgical center standards. Whole Woman?s Health represented abortion [2] care providers in Texas and brought the case against the commissioner for the Tex...
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عنوان ژورنال:
- Indiana international & comparative law review
دوره 3 شماره
صفحات -
تاریخ انتشار 1993