Here is a link a story in the National Law Journal about a decision from the United State Court of Appeals for the Eighth Circuit. The appellate court relied on Chief Justice Roberts’s opinion in June Medical. Roberts’s vote was the controlling factor in June Medical and he endorsed a view of the undue burden standard that is more likely to result in laws regulating abortion being held constitutional.
The Eighth Circuit ruling lifted a trial court injunction against four Arkansas laws and returned the case to the lower court to consider the Arkansas laws under the standard set forth in Roberts’s opinion.
“The four Arkansas laws are: the Arkansas Unborn Child Protection from Dismemberment Abortion Act; the Sex Discrimination by Abortion Prohibition Act; an amendment concerning the disposition of fetal remains, and an amendment concerning the maintenance of forensic samples from abortions performed on a child.”