Abortion Law after Roe v. Wade
Undue Burden and the Casey Precedent
At least 15 States have adopted laws or regulations that require physicians who perform abortions to have admitting privileges at a nearby hospital. In general, admitting privileges allow a physician to transfer a patient to a hospital if complications arise in the course of providing an abortion. Admitting privileges requirements have proven to be controversial, with many of the requirements being challenged by abortion providers. In Whole Woman’s Health v. Hellerstedt, for example, an abortion provider challenged Texas’s admitting privileges requirement on various grounds, including its imposition of an undue burden on the ability of women to seek abortions. Following…
