id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjgl-2737	Ma, Jacqueline Y.	Undue Delegation: Private Delegation and Other Strategies to Challenge Admitting-Privileges Laws	2015	49	.pdf	application/pdf	20018	854	46	The distinction makes a difference when we examine state laws and regulations: the due process analysis binds state laws and regulations, while a federal separation of powers analysis cannot, without incorporation into state law, independently bind states.212 To invalidate state laws, the lower courts consider whether a delegation deprives parties of a protected property interest.213 Commentators surveying these decisions have identified various factors called private delegation by lower courts, including whether affected parties are adequately represented; whether the state retains control over the authorized private decision maker, and whether the private actors are authorized to make law in a non- 209 See, e.g., Gen. Elec. Co. v. N.Y. See, e.g., Planned Parenthood of Wis., Inc. v. Schimel, 806 F.3d 906, 912 (7th Cir. 2015) (“But the legislature’s intention to impose the two-day deadline, the effect of which would have been to force half the Wisconsin abortion clinics to close for months, is difficult to explain save as a method of preventing abortions that women have a constitutional right to obtain.”); Columbia Journal of Gender and law550 30.2 decision in Carhart, which was taken to signal judicial willingness to uphold state laws that aim to protect an unborn fetus at the expense of reducing a woman’s ability to choose.5 This Note focuses on admitting-privileges laws, a type of TRAP law that requires physicians who provide abortions to obtain staff privileges at a hospital within a certain distance from their clinics.	cache/cjgl-2737.pdf	txt/cjgl-2737.txt