“This introduces enormous complexity for practitioners, who must now navigate a patchwork of state laws rather than relying on a single national standard.” Jackson Women's Health Organization case has changed things dramatically for medical practice by eliminating the uniform national standard that existed under Roe and Casey and replacing it with at least 50 different state standards for how all dimensions of medical care during pregnancy can be regulated by states,” Dr. After that point, however, more extensive restrictions could be adopted by states. Under this framework, states were not permitted to adopt regulations that imposed an undue burden on the woman's ability to make reproductive choices before viability (around 25 weeks).
Casey changed things slightly by switching from a trimester-based framework to an undue burden framework centered around the concept of viability. Persad, however, the case of Planned Parenthood v. Persad, states were limited in the ways in which they could regulate reproductive decision-making in the first and second trimesters of pregnancy, with some regulation permitted for the health of the woman, but not for pregnancy termination prohibitions at early stages of pregnancy.Īccording to Dr. Wade, which established a uniform national framework for regulating reproductive decision-making in the United States. Govind Persad, JD, PhD, Assistant Professor at Sturm College of Law, University of Denver, referenced the previous landmark case of Roe v.
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