Ch3, Planned Parenthood Part 1 Lecture Notes (9.7.09)

Ch3, Planned Parenthood Part 1 Lecture Notes (9.7.09) -...

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Chapter 3 Part 1 Chapter 3: Planned Parenthood of Southeastern Pennsylvania v. Casey Lecture Notes, Part 1 Example: Abortion Case Name: Planned Parenthood of Southeastern Pennsylvania v. Casey Court: United States Supreme Court Lesson: Multiple Sources of Factual Knowledge Facts Part of the Pennsylvania Abortion Control Act (a state statute) requires that a: woman seeking an abortion give her informed consent prior to the abortion procedure woman wait at least 24 hours between giving her consent and the abortion procedure married woman seeking an abortion sign a statement indicating that she notified her husband of her intended abortion female, who is a minor, obtain the informed consent of one of her parents , or permission of a judge , before she has an abortion The Act exempts compliance with these requirements in the event of a medical emergency So what is the problem? Several Pennsylvania Planned Parenthood clinics and physicians claim that these restrictions amount to an unconstitutional intrusion on a woman’s right to an abortion Supreme Court’s Analysis of the Constitutionality of the Law Court reaffirmed its holding (ruling) in Roe v. Wade State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child But a woman may choose to have an abortion before viability and has the right to obtain it without undue interference from the State Court replaced Roe ’s trimester framework with the concept of viability State may restrict abortions after fetal viability If the law contains exceptions for pregnancies that endanger a woman’s life or health 1
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Chapter 3 Part 1 Why the Court Reaffirmed Roe U.S. Constitution’s 14th Amendment’s Due Process Clause declares that no State shall “deprive any person of life, liberty , or property, without due process of law” The reference to “liberty” bars certain governmental actions regardless of the fairness of the procedures used to implement them
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This note was uploaded on 05/09/2010 for the course PSYC PSY taught by Professor Na during the Spring '10 term at University of Arizona- Tucson.

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Ch3, Planned Parenthood Part 1 Lecture Notes (9.7.09) -...

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