Planned Parenthood v Casey
| Planned Parenthood v. Casey | |
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| Argued April 22, 1992 Decided June 29, 1992 |
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| Full case name | Planned Parenthood of Southeastern Pennsylvania, et al. v. Robert P. Casey, et al. |
| Citations | 505 U.S. 833 (more)
112 S. Ct. 2791; 120 L. Ed. 2d 674; 1992 U.S. LEXIS 4751; 60 U.S.L.W. 4795; 92 Daily Journal DAR 8982; 6 Fla. L. Weekly Fed. S 663
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| Prior history | Judgment and injunction for plaintiffs, 686 F. Supp. 1089 (E.D. Pa. 1988); injunction clarified, 736 F.Supp. 633 (E.D. Pa. 1990); judgment and injunction granted for plaintiffs, 744 F.Supp. 1323 (E.D. Pa. 1990) (regarding 1988 amendments to 1982 Act); affirmed in part and reversed in part, 947 F. 2d 682 (3d Cir. 1991); certiorari granted 502 U.S. 1056 (1992) |
| Subsequent history | Remanded, 978 F.2d 74 (2d Cir. 1992); motion to disqualify judge denied, 812 F. Supp. 541 (E.D. Pa. 1993); record reopened and injunctions continued, 822 F. Supp. 227 (E.D. Pa. 1993); reversed and remanded, 14 F.3d 848 (3d Cir. 1994); stay denied, 510 U.S. 1309 (1994); attorney fees and costs awarded to plaintiffs, 869 F. Supp. 1190 (E.D. Pa. 1994); affirmed, 60 F.3d 816 (3d Cir. 1995) |
| Holding | |
| A Pennsylvania law that required spousal awareness prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. Requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations. Third Circuit Court of Appeals affirmed in part and reversed in part. | |
| Court membership | |
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| Case opinions | |
| Majority | O'Connor, Kennedy, Souter (Parts I, II, III, V-A, V-C, VI), joined by Blackmun, Stevens |
| Plurality | O'Connor, Kennedy, Souter (Part V-E), joined by Stevens |
| Plurality | O'Connor, Kennedy, Souter (Parts IV, V-B, V-D) |
| Concur/dissent | Stevens |
| Concur/dissent | Blackmun |
| Concur/dissent | Rehnquist, joined by White, Scalia, Thomas |
| Concur/dissent | Scalia, joined by Rehnquist, White, Thomas |
| Laws applied | |
| U.S. Const. amends. I, XIV; 18 Pa. Cons. Stat. §§ 3203, 3205-09, 3214 (Pennsylvania Abortion Control Act of 1982) | |
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This case overturned a previous ruling or rulings
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| City of Akron v. Akron Center for Reproductive Health, Thornburgh v. American College of Obstetricians and Gynecologists | |
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged. The Court's plurality opinion reaffirmed the central holding of Roe v. Wade stating that "matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment." The Court's plurality opinion upheld the constitutional right to have an abortion while altering the standard for analyzing restrictions on that right, crafting the "undue burden" standard for abortion restrictions. Planned Parenthood v. Casey differs from Roe, however, because under Roe the state could not regulate abortions in the first trimester whereas under Planned Parenthood v. Casey the state can regulate abortions in the first trimester, or any point before the point of viability, and beyond as long as that regulation does not pose an undue burden on women's fundamental right to an abortion. Applying this new standard of review, the Court upheld four regulations and invalidated the requirement of spousal notification.
In Casey, the plaintiffs challenged five provisions of the Pennsylvania Abortion Control Act of 1982 authored by Rep. Stephen F. Freind, arguing that the provisions were unconstitutional under Roe v. Wade. The Court in Roe was the first to establish abortion as a fundamental right protected by the Due Process Clause of the Fourteenth Amendment. The majority in Roe further held that women have a privacy interest protecting their right to abortion embedded in the liberty clause of the Fourteenth Amendment. The five provisions at issue in Casey are summarized below.
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