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Unformatted text preview: and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade? Conclusion In a bitter, 5-to-4 decision, the Court again reaffirmed Roe, but it upheld most of the Pennsylvania provisions. For the first time, the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this standard, the only provision to fail the undue-burden test was the husband notification requirement. The opinion for the Court was unique: It was crafted and authored by three justices....
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This note was uploaded on 12/14/2009 for the course GOVT 32 taught by Professor Lind during the Spring '09 term at École Normale Supérieure.
- Spring '09