Abstract

PIP: By 1 vote in Planned Parenthood of Southeastern Pennsylvania v. Casey, the US Supreme Court reaffirmed the essential holding of Roe v. Wade (that prior to fetal viability, a woman has a constitutional right to obtain an abortion) albeit with more limitations than previously allowed. The Court discarded the trimester framework underlying Roe because its severely limited the states' power to regulate abortion in the early stages of pregnancy, improperly minimizing the states' interest in potential life. The Court adopted a more lenient standard for analyzing restrictions, allowing the states to regulate abortion throughout pregnancy, as long as the regulation does not impose an "undue burden" on a woman's right to terminate her pregnancy. A regulation that "has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus..." is an undue burden and unconstitutional. The Court upheld Roe citing "the intimate, deeply personal nature" of the abortion decision and the Court's obligation to follow precedent, saying it would pay a "terrible price" if it appeared to capitulate to political pressure by overturning the landmark case. In applying its new test to the Pennsylvania abortion law, the Court upheld most of the provisions it had previously struck down, e.g., a 24-hour waiting period after so-called informed consent, along with reporting and record-keeping provisions. The Court permitted the state to require abortion providers to inform patients of state mandated nonmedical information about public assistance for childbirth or possible child support payments. The Court invalidated the law's spousal notification requirement. The case produced 5 separate opinions with the Reagan-Bush appointees, O'Connor, Kennedy, and Souter, jointly authoring the pivotal opinion which was at times eloquent in its recognition of the vital importance of access to abortion for women.