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Planned Parenthood of Southeastern Pennsylvania v. Casey

Law Dictionary
CASE BRIEFS

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Featuring Black's Law Dictionary 2nd Ed.
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Constitutional Law Keyed to Stone

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Bloomberg Law

Citation. 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674, 1992 U.S. 4751.

Brief Fact Summary. A Pennsylvania law imposed several obligations on women seeking abortions. The constitutionality of the law was brought into question.

Synopsis of Rule of Law. A law is invalid, if its purpose or effect is to place a substantial obstacle (i.e., an “undue burden”) in the path of a woman seeking an abortion at a stage of her pregnancy before the fetus attains viability.


Facts. The Pennsylvania Abortion Control Act (the “Act”) imposed several obligations on women seeking abortions and medical practitioners (for the details, see the issues section below). The Act exempted compliance with the obligations in the event of a medical emergency. The constitutionality of the Act was brought into question.

Issue. Was the requirement of the Act that a woman give her informed consent prior to obtaining an abortion procedure constitutional under the Fourteenth Amendment to the United States Constitution?
Was the requirement that a woman be provided with certain information at least 24 hours before an abortion procedure is performed constitutional under the Fourteenth Amendment to the United States Constitution?
Was the requirement that a minor get a parent’s consent to have an abortion, but providing for a judicial bypass where necessary, constitutional under the Fourteenth Amendment to the United States Constitution?
Was the requirement that a married woman sign a statement indicating that she has notified her husband of her intended abortion, unless an exception applies, constitutional under the Fourteenth Amendment to the United States Constitution?
Was the requirement imposing certain reporting requirements on facilities that provide abortions constitutional under the Fourteenth Amendment to the United States Constitution?

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