ipl-logo

Whole Woman's Health Vs Hellerstedt Case Analysis

1813 Words8 Pages

This assignment is going to be focused on the case of Whole Woman's Health v. Hellerstedt in the US. The analysis is going to be developed through different steps; citations of the case and the ones that precede, the facts, the issue of the case, the reasons of the majority and dissent, the principles of statutory interpretation and the impact the case had on literature. Additionally, the methodology used to research and obtain the information for each step is going to be explained in detail below every step.
Citation and the cases preceded
The full citation of this case according to the Uniform System of Citation in the US is Whole Woman's Health v. Hellerstedt, 579 U.S. _ (2016). Including the names of the representatives (Whole woman's …show more content…

- Severability provision states that if one part of a new law is unconstitutional the whole law becomes invalid19.
 The information could be found in the case in different pages. The case is structured so it does not suppose a difficulty in order to find the arguments for both sides and the definitions of the principles of statutory interpretation. However, what it could have supposed a challenge was separating the relevant arguments from the non-relevant.
Impact on literature
The articles which have been influenced by the case Whole Woman's Health v. Hellerstedt are: Woman's health and abortion rights20, Quantifying The Case's Potential Impact on Abortion Access and Woman's Health21 and Reflections on the Whole Woman's Health v. Hellerstedt, savoring victory, anticipating further challenges22. The first article is focused on the rights for women and it uses the case as a basis or beginning of the claim for woman's rights. The second article is from a quantitative and methodological point of view. It remarks the amount of people seeking an abortion and it emphasis on the problem of the distance between woman looking for an abortion and a facility to provide it in Texas. Finally the third article is focused more on the rights for abortion itself. It uses the cases as the beginning of victory for abortion's

Show More
Related
104 Words | 1 Pages

A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).

Read More
182 Words | 1 Pages

Annotated Bibliography Bower, Alicia. " Constitutionally Crowded: Brown v. Plata and How the Supreme Court Pushed Back to Keep Prison Reform Litigation Alive." Loyola of Los Angeles Law Review 45.2 (2012): 555-67. Academic Search Complete. Web.

Read More
570 Words | 3 Pages

Sebelius examine the effects of the Supreme Court decision on the affordable Care Act (ACA). This included the portions of legal orders and rules. NFIB effects are still likely to be indirect, which have marked a destabilization called “constitutional gestalt” which is also referred to as “New Deal Settlement”. It is understood that these cases established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause. ACA was not as easy bill to pass.

Read More
519 Words | 3 Pages

" The Texas abortion law was ruled unconstitutional, but was not the only state to be unconstitutional toward abortion laws or women's rights. Still to this day the right for a women to have an abortion is not fully fair. It is being looked upon as inhuman, and wrong for a woman to have an abortion, but more women have been more accepting since 1973. Roe v. Wade helped women's right and showed the court how unconstitutional the states had been toward women's

Read More
896 Words | 4 Pages

This essay compares and analyzes Obergefell v. Hodges and Roe v. Wade cases in terms of the 14th Amendment/Equal Protection Clause and the extension or limitation of civil rights.

Read More
263 Words | 2 Pages

The decision expanded those rights and the abortion law in Texas is considered

Read More
918 Words | 4 Pages

Silver states that the determination that involuntary sterilization laws implicated the fundamental rights does not establish a constitutional violation. This would trigger the Supreme Court’s two-part strict scrutiny test. The first part is the state must justify the regulations on this fundamental right by presenting a state interest in doing so. Also, the government must be exhausted in achieving the statutory goals. Silver stated that a challenger to the statute could argue that the state asserted interests are pretexts for administrative costs effectiveness.

Read More
1567 Words | 7 Pages

This concurring argument is a stronger argument than the right to privacy reasoning upheld in the majority opinion of the court. The liberty claim as seen in Justice Stewart’s concurring opinion of the Roe case, used the same substantive due process basis as the majority opinions right to privacy reasoning. The right to liberty claim is a stronger reasoning in the Roe case because the court had previously recognized that the liberty granted by the Fourteenth Amendment of the Constitution could not be limited in the same capacity as other terms granted elsewhere in the Constitution. In decisions made prior to the Roe case, Justice Harland wrote that, “liberty is not isolated points pricked out in terms. . . It is a rational continuum which, broadly speaking, included a freedom from all substantial arbitrary impositions and purposeless restraints.”

Read More
887 Words | 4 Pages

This case, known as R v. Morgentaler, was a major turning point towards the liberalization of abortion legislation. Morgentaler argued that section 251 of the Criminal Code created unequal cross-country access to safe, legal abortions and was a violation of the “life, liberty and security of the person” outlined in section 7 of the Charter. The court’s decision was split 5-2 with the majority assenting to Morgentaler’s claims. Justices Brian Dickson and Antonio Lamer’s reasoning concluded that, “[f]orcing a woman, by threat of criminal sanction, to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman’s body and thus a violation of security of the person.” As such, the ruling of this case struck down the existing abortion law as unconstitutional and redefined abortion as a healthcare issue.

Read More
1038 Words | 5 Pages

Before Roe v. wade the number of deaths from illegal abortions was around 5000 and in the 50s and 60s the number of illegal abortions ranged from 200,000 to 1.2 million per year. These illegal abortions pose major health risks to the life of the woman including damage to the bladder, intestines as well as rupturing of the uterus. The choice to become a mother must be given to the woman most importantly because it’s her body, her health, and she will be taking on a great responsibility. A woman’s choice to choose abortion should not be restricted by anyone; there are multiple reasons why abortion will be the more sensible decision for the female.

Read More
1888 Words | 8 Pages

“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).

Read More
1555 Words | 7 Pages

The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.

Read More
1329 Words | 6 Pages

Women’s rights have been a long struggle in America’s legal system, as well as in the religious world, for many decades and women continue to have challenges, concerns, and struggles today. Fighting for what is best for their bodies such as a woman’s right to contraceptives to control whether she will get pregnant or not was not ideal for religious and personal reasons but would find a worthy advocate in a woman who would dedicate her life for women’s reproductive rights. The right for a woman to have an abortion became a legal battle that went all the way to the Supreme Courts in a very well-known case. It has always been a double standard in what was right and wrong, moral or immoral, towards women than men. A man was looked at with respect

Read More
1316 Words | 6 Pages

Abortion is one of the most controversial topics of all times. There are two types of abortion, Spontaneous which takes place naturally and induced which this essay will mainly present. Induced abortion is defined by the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy. I believe that abortion should be legalised and accepted in all countries for different reasons such as; it 's cruel for raped women to go through with pregnancy, The mother has the right to choose for herself as it is her body not anyone else’s, a young girl is not ready for the responsibilities of womanhood and finally the health of the woman is more important.

Read More
1018 Words | 5 Pages

The procedure of an abortion does more good for the mother and family than it prevents a life from occurring. The mother’s body should be respected, as it always should be. The mother’s life should always be put in priority. When rape is placed into the world of possibility behind pregnancy then a woman should always be helped during a traumatic event such as a rape. Even the idea of monetary struggles of families should be observed.

Read More

More about Whole Woman's Health Vs Hellerstedt Case Analysis

Related Topics

Open Document