NLF in its amicus brief in the Supreme Court points out a methodological flaw in the “undue burden” analysis in recent abortion cases.
Eighth Circuit Opens the Door for a Proper “Undue Burden” Analysis on the Availability of Abortion Services
On September 10, 2018, the Eighth Circuit in Comprehensive Health of Planned Parenthood Great Plains v. Hawley (No. 17-1996) smacked the district court for entering a preliminary injunction against Missouri regulations that are designed to improve the safety of abortion surgery. The district court had applied like a blunt instrument the Supreme Court’s latest pronouncement