Tuesday, October 15, 2013

Planned Parenthood v. Casey

Case Name: Planned Parenthood v. Casey

Year: 1992

Result: 5-4, favor Planned Parenthood

Related Constitutional Issue/Amendment: Amendment XIV

Civil Rights or Civil Liberties: Civil Rights

Significance/Precedent: The Pennsylvania law could impose more restrictions on abortions as long as they were not judged to be an "undue burden". The only restriction declared unconstitutional by the Supreme Court was the notification of the spouse. This gave states more leeway into creating laws around abortions.

Quote from the Majority Opinion: "Constitutional protection of the woman's decision to terminate her pregnancy derives from the Due Process Clause of the Fourteenth Amendment. It declares that no State shall 'deprive any person of life, liberty, or property, without due process of law.'...Our law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education...We think that under this standard, all the provisions at issue here except that relating to spousal notice are constitutional."

Summary of the Dissent: The dissent believed that all of the abortion laws Pennsylvania imposed were unconstitutional.
Quote: "Today, no less than yesterday, the Constitution and decisions of this Court require that a State's abortion restrictions be subjected to the strictest of judicial scrutiny...Under this standard, the Pennsylvania statute's provisions requiring content based counseling, a 24-hour delay, informed parental consent, and reporting of abortion related information must be invalidated.

Six-word Summary: States can impose constitutional abortion restrictions

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