CAHSS Faculty Articles
Upholding a 40-Year-Old Promise: Why the Texas Sonogram Act is Unlawful According to Planned Parenthood v. Casey
ORCID ID
0000-0002-9289-8967
Publication Title
Pace Law Review
ISSN
0272-2410
Publication Date
Winter 2014
Abstract
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is unconstitutional because it: (1) requires the delivery of misleading, untruthful and irrelevant information; (2) unconstitutionally hinders women’s decision-making liberty; and (3) poses a substantial obstacle for a large fraction of the relevant group of women affected by the regulation.
Volume
34
Issue
1
First Page
128
Last Page
184
NSUWorks Citation
Toscano, V. L., & Reiter, E. (2014). Upholding a 40-Year-Old Promise: Why the Texas Sonogram Act is Unlawful According to Planned Parenthood v. Casey. Pace Law Review, 34 (1), 128-184. Retrieved from https://nsuworks.nova.edu/shss_facarticles/701
