planned parenthood v. casey
Year: 1992
Result: 5-4, favor Planned Parenthood
Related Constitutional issue/Amendment: 9th Amendment (Right to Privacy), 14th Amendment (Due Process Clause)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Roe decision upheld. Created the "undue burden" test to see if abortion restrictions (required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus) were unconstitutional based on limitations to due process. Spousal permission was the only regulation that failed the "undue burden" test.
Quote from majority opinion: “What is at stake is the woman's right to make the ultimate decision, not a right to be insulated from all others in doing so. Regulations which do no more than create a structural mechanism by which the State, or the parent or guardian of a minor, may express profound respect for the life of the unborn are permitted, if they are not a substantial obstacle to the woman's exercise of the right to choose. Unless it has that effect on her right of choice, a state measure designed to persuade her to choose childbirth over abortion will be upheld if reasonably related to that goal. Regulations designed to foster the health of a woman seeking an abortion are valid if they do not constitute an undue burden.”
Summary of dissent: The Roe decision was incorrect and should be overruled. Abortion is a liberty protected by the due process clause, but the states should be able to restrict it.
6-word summary: Roe, abortion regulations; undue burden test
Result: 5-4, favor Planned Parenthood
Related Constitutional issue/Amendment: 9th Amendment (Right to Privacy), 14th Amendment (Due Process Clause)
Civil rights or Civil liberties: Civil liberties
Significance/precedent: Roe decision upheld. Created the "undue burden" test to see if abortion restrictions (required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus) were unconstitutional based on limitations to due process. Spousal permission was the only regulation that failed the "undue burden" test.
Quote from majority opinion: “What is at stake is the woman's right to make the ultimate decision, not a right to be insulated from all others in doing so. Regulations which do no more than create a structural mechanism by which the State, or the parent or guardian of a minor, may express profound respect for the life of the unborn are permitted, if they are not a substantial obstacle to the woman's exercise of the right to choose. Unless it has that effect on her right of choice, a state measure designed to persuade her to choose childbirth over abortion will be upheld if reasonably related to that goal. Regulations designed to foster the health of a woman seeking an abortion are valid if they do not constitute an undue burden.”
Summary of dissent: The Roe decision was incorrect and should be overruled. Abortion is a liberty protected by the due process clause, but the states should be able to restrict it.
6-word summary: Roe, abortion regulations; undue burden test