Planned Parenthood v. Casey
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| Planned Parenthood v. Casey | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 505 U.S. 833 (1992) |
| Date decided | June 29, 1992 |
| Partially overturned | Roe v. Wade |
| Overturned by | |
| Dobbs v. Jackson Women’s Health Organization | |
| Case Opinions | |
| majority | written by Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter joined by Harry Blackmun, John Paul Stevens |
| plurality | written by Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter joined by John Paul Stevens |
| plurality | written by Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter |
| concur/dissent | written by John Paul Stevens |
| concur/dissent | written by Harry Blackmun |
| concur/dissent | written by William H. Rehnquist joined by Byron R. White, Antonin Scalia, Clarence Thomas |
| concur/dissent | written by Antonin Scalia joined by William H. Rehnquist, Clarence Thomas |
Facts
Pennsylvania Abortion Control Act of 1982 included several provisions related to abortion, including a requirement to inform the spouse prior to the abortion.
Issues
Is the spousal awareness requirement valid?
Holding
No.
The Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions on that right, crafting the "undue burden" standard for abortion restrictions. The husband notification provision is an undue burden.Rule
A state abortion regulation that imposes an "undue burden" in restricting abortions is unconstitutional. An "undue burden" is a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
Comments
In an unusual move, the opinion was co-authored by Sandra Day O'Connor, Anthony M. Kennedy, and David H. Souter. Of this opinion, parts I, II, III, V-A, V-C, and VI were joined by Harry Blackmun and John Paul Stevens, parts V-E were joined by Stevens, and parts IV, V-B, and V-D were joined by no other justices.
Resources
