Resource: The Negative Effects of Cumulative Abortion Regulations: Why the 5th Circuit Was Wrong in Upholding Regulations on Medication Abortions (Planned Parenthood of Greater Texas Surgical Health Services v. Abbott)

This Casenote examines the circuit split surrounding the constitutionality of these “medication abortion” laws, while focusing on the Fifth Circuit’s decision in Planned Parenthood of Greater Texas Surgical Health Services v. Abbott. In Abbott, the Fifth Circuit upheld a law requiring physicians to follow the Food and Drug Administration (FDA) approved “on-label” regimen for medication abortions. Part II of this Casenote provides an overview of the background on how medication abortions emerged as an option and, the two different regimens in question, and it explains the legal precedent governing abortion and abortion regulations. Part III examines the procedural history and decisions of the Fifth Circuit case, as well as decisions by the Sixth and Ninth Circuit on this issue. Part IV analyzes the Fifth Circuit’s decision and illustrates where the Fifth Circuit went wrong. Finally, Part V concludes that to adequately determine whether regulations that require physicians to follow the on-label regimen for medication abortions place an undue burden on women’s ability to receive appropriate healthcare, courts need to take a broader look at the cumulative effect of regulations already in place.