unworkability

A major reason for judicial disagreements over how to apply this standard is not its unworkability but the unwillingness of some Republican-appointed judges to accept the fact that there is still a constitutional right to abortion; for these judges, no burden is ever great enough to be “undue.”

For her, the pandemic has crystallized her long-brewing feelings about the unworkability of the status quo.

The constant legal battles show the “unworkability” of the decision in Roe, they said, and suggest it and the court’s subsequent decisions “should be reconsidered and, if appropriate, overruled.”

And its “struggle” clearly “illustrates the unworkability” of the right to abortion—as well as “the need for the Court” to decide whether that right should be “reconsidered” and “overruled.”

The lawmakers argued that "the Fifth Circuit's struggle to define the appropriate 'large fraction' or determine what 'burden' on abortion access is 'undue' illustrates the unworkability of the 'right to abortion' found in Roe v. Wade . . . and the need for the court to again take up the issue of whether Roe and Casey should be reconsidered, and if appropriate, overruled."