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Family Law Keyed to Weisberg
Whole Woman’s Health v. Hellerstedt
Citation:136 S.Ct. 2292 (2016)
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- 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. Review the Facts of this case here:
Texas abortion providers challenged the constitutionality of two provisions of Texas House Bill 2. The first provision is the “admitting-privileges requirement” requires that a physician performing or inducing an abortion must, on the date of the service, have active admitting privileges at a hospital located no more than 30 miles from the abortion facility. The second provision is the “surgical-center requirement” under which an abortion facility must meet the minimum standards for ambulatory surgical centers. The district court enjoined enforcement of both these provisions, noting that they created an “impermissible obstacle as applied to all women seeking a previability abortion.” The Fifth Circuit reversed, finding that both provisions were rationally related to the state’s interest in protecting women’s health. The Texas abortion providers then appealed to the US Supreme Court.
- 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.