PLANNED PARENTHOOD V. CASEY
Year: 1992
Result: 5:4, favor Planned Parenthood
Related Constitutional issue/amendment: 9th amendment (right to privacy); 14th amendment (due process)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent The Roe v. Wade decision was upheld. A test was developed to examine if state abortion laws enforce an "undue burden;" requirements of a 24-hour waiting period and parental consent for minors were upheld, but a woman seeking an abortion no longer has to notify her husband of the abortion.
Quote from majority opinion: "Section 3205's informed consent provision is not an undue burden on a woman's constitutional right to decide to terminate a pregnancy.... Recordkeeping and reporting provisions "that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible." We think that under this standard, all the provisions at issue here except that relating to spousal notice are constitutional. Although they do not relate to the State's interest in informing the woman's choice, they do relate to health. The collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the requirements serve no purpose other than to make abortions more difficult. Nor do we find that the requirements impose a substantial obstacle to a woman's choice."
6-word summary: abortion laws respect 9th, 14th amendment
Result: 5:4, favor Planned Parenthood
Related Constitutional issue/amendment: 9th amendment (right to privacy); 14th amendment (due process)
Civil Rights or Civil Liberties: Liberties
Significance/Precedent The Roe v. Wade decision was upheld. A test was developed to examine if state abortion laws enforce an "undue burden;" requirements of a 24-hour waiting period and parental consent for minors were upheld, but a woman seeking an abortion no longer has to notify her husband of the abortion.
Quote from majority opinion: "Section 3205's informed consent provision is not an undue burden on a woman's constitutional right to decide to terminate a pregnancy.... Recordkeeping and reporting provisions "that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible." We think that under this standard, all the provisions at issue here except that relating to spousal notice are constitutional. Although they do not relate to the State's interest in informing the woman's choice, they do relate to health. The collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the requirements serve no purpose other than to make abortions more difficult. Nor do we find that the requirements impose a substantial obstacle to a woman's choice."
6-word summary: abortion laws respect 9th, 14th amendment