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Chapter 3 Lecture Notes Part 2

Chapter 3 Lecture Notes Part 2 - 377a 1 Chapter 3 Planned...

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377a Chapter 3: Planned Parenthood of Southeastern Pennsylvania v. Casey Lecture Notes, Part 2 Constitutional Right to an Abortion What was the Court’s justification for reaffirming Roe v. Wade ? Stare Decisis: To abide by, or adhere to, previously decided cases There were no significantly new facts or legal precedents that would justify overturning Roe But facts can change, justifying overturning a prior decision E.g., Court hinged part of its decision on a biomedical fact – when the fetus can survive outside of the womb (i.e., viability) -Query: Might advancements in biomedical science and technology lead to the conclusion that one day all abortion will be illegal? State's Right to Restrict an Abortion Before Viability Court stated that the right to an abortion is not infringed just because it is more difficult or expensive to obtain Infringement occurs when a regulation would be an undue burden (i.e., a substantial obstacle) to a woman’s exercise of her right Query: How deleterious must the psychological effects of the regulation be to qualify as sufficiently severe to be an undue burden (i.e., a substantial obstacle)? - Case provides little guidance on this question PA Law’s Provisions: Informed Consent Purpose of informed consent is to make sure that the woman, in exercising her right to choose, is more fully informed Unless fully informed, a woman may suffer “devastating psychological consequences” after an abortion But whether a woman is, or will be, psychologically devastated is an empirical question, s o what does the research prove? Research Adolescents who had abortions, and adolescents who decided to have their baby, experienced very little negative psychological change over the course of the study Teens who have had abortions may experience problems concerning sexuality and parenting as they get older if counseling is not provided 1 month after an abortion, adolescents reported being both: Less satisfied 1
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377a Feeling less benefit than adults with their decision to abort, due primarily to less
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