o Respects the force of Stare Decisis Slim 5 4 Majority The Court should not

O respects the force of stare decisis slim 5 4

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o Respects the force of Stare Decisis (Slim 5-4 Majority): The Court should not lightly overturn precedent. Roe was not unworkable. The legitimacy of the Supreme Court would be undermined if Roe were overturned after surrendering to political pressure. o Rejects the Trimester Approach: Replaces the trimester framework with the "undue burden" standard. States may restrict abortions so long as they do not place an undue burden on a woman's right to choose to have an abortion. State may try to persuade or induce a person out of an abortion but may not stop abortions or interfere with a person's right to choose to have one. An "undue burden" exists if: the purpose or effect of a statute's provision is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability. o Scrutiny Level (3 Justices): If the purpose or effect of the law is to place an undue burden on the woman's right to choose, the statute is unconstitutional. (Per se?) If there is no undue burden, then the court will strike or uphold the statute at low-scrutiny. o Application to PA Statute: (1) The requirement of informed consent was upheld because it was not found to be an undue burden on a woman's right to choose. (2) The requirement of spousal notification was struck down as a "substantial obstacle" . (3) The requirement of parental consent was upheld due to the judicial by pass ; (4) The requirement of record keeping was upheld as reasonably related/directed to preserving maternal health. (5) To promote the state's profound interest in potential life, throughout the pregnancy the State may take measures to ensure the woman's choice is informed, and measures designed to advance this interest will not be invalidated as long as their purpose is to persuade the woman to choose child birth over abortion. The measures must not be an undue burden on that right. o Stevens (Dissent/Concurrence): Agreed that Roe should be maintained. Disagreed with how tightly the state may regulate abortion: (1) There was no evidence that informed consent furthered the state's interest; (2) He had a problem with the 24-hour waiting period. o Blackmun (Dissent/Concurrence): Agreed that Roe should be maintained. Disagreed with how tightly the states may regulate abortion. He criticized the undue burden test, suggesting that all such regulations should be subject to strict scrutiny. Thus, the trimester approach should be upheld and all of the PA Statute should be struck down at strict scrutiny. o Rehnquist (Dissent): There is no protected zone; there is no fundamental right to privacy specified in the Constitution. Roe is wrong and should be overturned. Stare Decisis is not absolute. The right to terminate a pregnancy is not a fundamental right and low scrutiny should be applied to all provisions; furthermore, all of the provisions are rationally related to their legitimate ends.
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