Planned Parenthood v Casey

Planned Parenthood v Casey - Rita Kim Case Name and...

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Rita Kim Case Name and Citation: Planned Parenthood of Southeastern Pennsylvania v. Casey , 505 U.S. 833 (1992) Parties: Plaintiff – Planned Parenthood of Southeastern Pennsylvania (five abortion clinics, one physician representing himself and a class of physicians who provide abortion services) Defendant – Casey (the state of Pennsylvania) Statement of Facts: The state of Pennsylvania enacted the Pennsylvania Abortion Control Act in 1982 and amended it in 1988 and 1989. The Act contained the following five provisions: (1) informed consent by the woman seeking an abortion, (2) after being provided with information by the physician there is a 24 hour waiting period before the abortion procedure can take place, (3) minors seeking an abortion are required to provide informed consent from one of the parents, although a judicial bypass exists, (4) notification of the husband of the intended abortion and (5) abortion facilities are required to regular reporting. Before these provisions went into effect, the petitioners sued the state of Pennsylvania seeking declaratory and injunctive relief on the grounds that these provisions were unconstitutional. The District Court ruled in favor of the petitioner deeming all five provisions unconstitutional. The Court of Appeals for the Third Circuit upheld all provisions with the exception of provision #4 which requires notification of the husband. Claim(s): Planned Parenthood of Southeastern Pennsylvania claimed that the Pennsylvania Abortion Control Act’s provisions were an unnecessary, added obstacle in a woman’s right to decide whether she wanted to get an abortion, a right very clearly decided in Roe v. Wade .
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