The Use of Public Health Evidence in Whole Woman’s Health v Hellerstedt

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2016-11-07

Authors

Grossman, D.

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[This piece, written for the JAMA Internal Medicine "Viewpoints" section, discusses the impacts of House Bill 2, as documented by TxPEP research, and the use of research-based evidence in Whole Woman's Health v Hellerstedt.] The Supreme Court decision in the Whole Woman’s Health case provides a clearer judicial standard related to undue burden on women seeking abortion. The Court said laws restricting abortion cannot be considered in the abstract—or just because a legislature says they would be beneficial. Instead, courts must compare the benefit the law is likely to provide with the burden the law will impose on women. The Court’s decision shows that evidence matters, which hopefully heralds a new emphasis on data-driven policies for reproductive health

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