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Planned Parenthood v. Casey - and if minors obtain parental...

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Planned Parenthood v. Casey 505 U.S. 833 (1992) Docket Number: 91-744 Abstract Argued: April 22, 1992 Decided: June 29, 1992 Subjects: Privacy: Abortion, Including Contraceptives Facts of the Case The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. A federal appeals court upheld all the provisions except for the husband notification requirement. Question Presented Can a state require women who want an abortion to obtain informed consent, wait 24 hours,
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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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