federal undue burden test (Iowa) · Go Syfert
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federal undue burden test in Iowa

7 Iowa opinions name it 1 courts 2015–2024 5 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Planned Parenthood of the Heartland, Inc. and Jill Meadows v. Iowa Board of Medicinegreen
iowa · 2015 · cited in 5 Iowa opinions naming this issue, 2022–2024
2 sentences

2022By overruling PPH II today, the standard governing our constitutional analysis of abortion regulations under the Iowa Constitution at least temporarily reverts back to the federal undue burden test that we applied in Planned Parenthood of the Heartland, Inc. v. Iowa Board of Medicine (PPH I), 865 N.W.2d 252, 269 (Iowa 2015).

2022In discussing the federal undue burden test, we stated that generally a challenger was required to show the regulation had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”42 We also noted that there were different versions of the undue burden test in the federal appellate courts for regulations where the state’s interest was to protect the health of the woman.43 A version of the undue burden test adopted in the United States Court of Appeals for the Seventh and Ninth Circuits weighed the strength of the state’s justifica

35
Gonzales v. Carhartgreen
scotus · 2007 · cited in 3 Iowa opinions naming this issue, 2022–2022
2 sentences

2022In discussing the federal undue burden test, we stated that generally a challenger was required to show the regulation had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”42 We also noted that there were different versions of the undue burden test in the federal appellate courts for regulations where the state’s interest was to protect the health of the woman.43 A version of the undue burden test adopted in the United States Court of Appeals for the Seventh and Ninth Circuits weighed the strength of the state’s justifica

2022In discussing the federal undue burden test, we stated that generally a challenger was required to show the regulation had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”42 We also noted that there were different versions of the undue burden test in the federal appellate courts for regulations where the state’s interest was to protect the health of the woman.43 A version of the undue burden test adopted in the United States Court of Appeals for the Seventh and Ninth Circuits weighed the strength of the state’s justifica

33
State v. Koomegreen
wash · 1975 · cited in 3 Iowa opinions naming this issue, 2022–2022
2 sentences

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

33
Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. v. Nixongreen
mo · 2006 · cited in 2 Iowa opinions naming this issue, 2015–2015
2 sentences

2015Health Servs., 185 S.W.3d at 692 (“There is no reason, within the context of this case, to construe this language from the Missouri constitution more broadly than the language used in the United States constitution.”); Pro-Choice Miss., 716 So. 2d at 655 . 3In its brief, the Board asserts, “[T]his Court should adopt [under the Iowa Constitution] the undue burden standard set forth in Casey.” 19 find the challenged rule fails to meet the federal undue burden test for constitutionality.

2015Health Servs., 185 S.W.3d at 692 (“There is no reason, within the context of this case, to construe this language from the Missouri constitution more broadly than the language used in the United States constitution.”); Pro-Choice Miss., 716 So. 2d at 655 . 3In its brief, the Board asserts, “[T]his Court should adopt [under the Iowa Constitution] the undue burden standard set forth in Casey.” 19 find the challenged rule fails to meet the federal undue burden test for constitutionality.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Planned Parenthood of Southeastern Pa. v. Casey red
scotus · 1992
2 sentences

2022In discussing the federal undue burden test, we stated that generally a challenger was required to show the regulation had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”42 We also noted that there were different versions of the undue burden test in the federal appellate courts for regulations where the state’s interest was to protect the health of the woman.43 A version of the undue burden test adopted in the United States Court of Appeals for the Seventh and Ninth Circuits weighed the strength of the state’s justifica

2022In discussing the federal undue burden test, we stated that generally a challenger was required to show the regulation had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”42 We also noted that there were different versions of the undue burden test in the federal appellate courts for regulations where the state’s interest was to protect the health of the woman.43 A version of the undue burden test adopted in the United States Court of Appeals for the Seventh and Ninth Circuits weighed the strength of the state’s justifica

32022–2022
Clinic for Women, Inc. v. Brizzi green
ind · 2005
2 sentences

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

32022–2022
Planned Parenthood Arizona, Inc. v. American Ass'n of Pro-Life Obstetricians & Gynecologists green
arizctapp · 2011
2 sentences

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

2022Ass’n of Pro-Life Obstetricians & Gynecologists, 257 P.3d 181 , 188–90 (Ariz. Ct. App. 2011) (applying the federal undue burden test under the Arizona Constitution even though it contains an express privacy clause); Clinic for Women, Inc. v. Brizzi, 837 N.E.2d 973 , 983–84 (Ind. 2005) (holding that Indiana’s inalienable rights clause provides protection similar to the Casey undue burden test); Planned Parenthood League of Mass., Inc. v. Att’y Gen., 677 N.E.2d 101 , 103–04 (Mass. 1997) (explaining that Massachusetts does not follow federal abortion precedent under the Massachusetts due process

32022–2022
Pro-Choice Mississippi v. Fordice green
miss · 1998
2 sentences

2015Health Servs., 185 S.W.3d at 692 (“There is no reason, within the context of this case, to construe this language from the Missouri constitution more broadly than the language used in the United States constitution.”); Pro-Choice Miss., 716 So. 2d at 655 . 3In its brief, the Board asserts, “[T]his Court should adopt [under the Iowa Constitution] the undue burden standard set forth in Casey.” 19 find the challenged rule fails to meet the federal undue burden test for constitutionality.

2015Health Servs., 185 S.W.3d at 692 (“There is no reason, within the context of this case, to construe this language from the Missouri constitution more broadly than the language used in the United States constitution.”); Pro-Choice Miss., 716 So. 2d at 655 . 3In its brief, the Board asserts, “[T]his Court should adopt [under the Iowa Constitution] the undue burden standard set forth in Casey.” 19 find the challenged rule fails to meet the federal undue burden test for constitutionality.

22015–2015

Statutes the citing opinions construe

IA § Iowa Code § 146A.1 (5) IA § Iowa Code § 701.1 (5) IA § Iowa Code § 595.4 (3) IA § Iowa Code § 598.19 (3) IA § Iowa Code § 600A.4 (3) IA § Iowa Code § 692A.103 (3) USC § 18u.s.c.1531 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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