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Planned Parenthood of Southeastern Pennsylvania v. Casey

Planned Parenthood of Southeastern Pennsylvania v. Casey

The Abortion Control Act was passed in 1982 and was amended in 1988 and 1989 in Pennsylvania due to the 1986 court case, Thornburgh v. American College of Obstetricians and Gynecologists, which deemed the 1982 act unconstitutional, and the 1989 court case, Webster v. Reproductive Health Services, which failed to reaffirm Roe v. Wade's "strict scrutiny" standard for reviewing abortion restrictions. The Abortion Control Act requires that a woman seeking an abortion must give her informed consent and specifies that she is to receive information about alternatives to abortion at least 24 hours before the procedure is performed. In the case of a minor receiving an abortion, the statute requires the informed consent of one of her parents, but provides a judicial bypass option in the event a mature minor does not wish to or cannot obtain parental consent. This law also requires that, absent certain exceptions, a married woman seeking an abortion must acknowledge in writing that she has informed her husband of her intent to have the procedure performed. The statute exempts compliance with the foregoing requirements in the case of a "medical emergency" whi


The decision held in Roe v. Wade played a very important role in the conclusion of this case. Many of the same decisions were upheld except for the trimester framework. The Supreme Court felt that the trimester framework was erected to ensure the woman's right to choose. The Supreme Court agrees that the trimester approach is not necessary any longer and is rejected. A framework of this rigidity was unnecessary and in its later interpretation sometimes contradicted the State's opportunity to exercise its powers. The State has a substantial interest in life in most circumstances, but when the health of the mother is to be affected by having the baby, an abortion is acceptable and expected.

The concurring opinions of the court states that the Constitution protects a woman's right to terminate her pregnancy in its early stages. Compelled continuation of a pregnancy infringes upon a woman's right to bodily integrity by imposing substantial physical intrusions and significant risks of physical harm. Abortion laws force women to endure implications far more substantial than those that the court has held to be in violation of the constitutional principles of bodily integrity. The concurring justices feel that when a State restricts a woman from terminating her pregnancy, they are depriving the woman of the right to make her own decision about reproduction and family planning. These are critical life choices that the court has deemed central to the right to privacy. Not only is the State depriving women of this right, but they are also forcing her to undergo the pains of childbirth and, in most instances, provide years of maternal care. The State assumes that women are obligated to fulfill this duty and should take care of the life that they started. The concurring justices feel that the trimester framework should not be disturbed. This is the only approach that has gained majority and no other is more protective of women's fundamental rights. Also, no other approach properly accommodates the woman's constitutional right within the legitimate interests of the State. The opinion also stated, which I found interesting, that there is far more to fear from the Chief Justice's opinion than the joint opinion.

It is decided here that the Constitution places limits on a State's right to interfere with a person's most basic decisions about family and parenthood. The case decision claims that these matters are central to the liberty protected by the Fourteenth Amendment. The effect of state regulation on a woman's protected liberty is deserving of scrutiny in such a case, as the State has touched not only upon the privacy of the family, but also upon the integri

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Approximate Word count = 1812
Approximate Pages = 7 (250 words per page double spaced)


  

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