SmartBrief
0
Confirm favorite deletion?
Bioethics Keyed to Clark, 9th Ed.
Whole Woman’s Health v. Hellerstedt
Citation:
136 S. Ct. 2292 (2016)Facts
After Texas enacted H.B. 2 in 2013, the number of abortion clinics in the state decreased by approximately half. The law imposed two key requirements: physicians performing abortions must have admitting privileges at a hospital within 30 miles, and abortion facilities must comply with standards for ambulatory surgical centers. Evidence showed that abortion in Texas was already extremely safe before H.B. 2, with very low complication rates. The surgical center requirements would have further reduced the number of clinics to seven or eight, all located in major metropolitan areas, leaving large portions of the state without nearby abortion providers. The cost of compliance with the surgical center requirement was approximately $1-3 million per facility. The District Court found that these requirements provided no health benefits sufficient to justify the burdens they imposed on women seeking abortions.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.