Abortion regulations work as litigation burdens designed to exhaust opponents and courts

Evidence

These laws served several purposes: They discouraged abortions by increasing the expense or difficulty of obtaining an abortion. They also drained the time and resources of the pro-choice groups that challenge the laws and of the courts that had to hear those challenges. And they provided opportunities for opponents of abortion to urge the Supreme Court to reconsider its ruling in Roe. — G. Alan Tarr, Judicial Process and Judicial…, 3141

Categorization

  • XREF: Connects to the Georgia and Pennsylvania funding/spousal-notification cases typically read alongside Roe in the course.
  • SEED: Angle: ‘Regulation as Litigation Tax’ — how the strategic design of statutes, not just their substance, shapes constitutional doctrine.