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.

Case Text Links