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PLS 460 City of Akron v Akron Center

PLS 460 City of Akron v Akron Center - evaluation of the...

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City of Akron v Akron Center 462 U.S. 416 (1983) CASE SUMMARY PROCEDURAL POSTURE: Respondents, abortion clinic operators and a physician, brought an action against petitioners, a city and its officials, challenging Akron, Ohio, Ordinance No. 160-1978 (1978) that regulated abortions. The United States Court of Appeals for the Sixth Circuit upheld the hospitalization requirement and invalidated the provisions on parental consent, informed consent, waiting period, and disposal of fetal remains. All parties appealed. OVERVIEW: Abortion clinic operators, a physician, and parents asserted that the ordinance violated a woman's right to privacy. The city and city officials argued that the ordinance placed reasonable restraints on a woman's right to an abortion. The Court concluded that (1) the second-trimester hospitalization requirement significantly limited a woman's ability to obtain an abortion; (2) medical knowledge did not support the hospitalization requirement; (3) the parental consent ordinance did not create an opportunity for the required case-by-case
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Unformatted text preview: evaluation of the maturity of pregnant minors; (4) the city attempted to extend the state's interest in ensuring informed consent beyond permissible limits by requiring information intended to persuade a woman not to have an abortion and intruding upon the discretion of the physician; (5) consent was still informed even if the information was not conveyed by a physician; (6) the city failed to demonstrate that any legitimate state interest was furthered by the arbitrary and inflexible waiting period; and (7) the disposal provision failed to give a physician fair notice of what constituted forbidden conduct. OUTCOME: The Court affirmed the judgment of the Court of Appeals that invalidated those sections of the City of Akron's abortion ordinance that involved parental consent, informed consent, a 24-hour waiting period, and the disposal of fetal remains. The Court reversed the City of Akron's requirement that all second-trimester abortions were to be performed in a hospital....
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