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Assignment Seven Case Study

This case study analyzes Planned Parenthood vs. Casey, which challenged provisions of Pennsylvania's Abortion Control Act. The Act imposed requirements such as spousal consent and a 24-hour waiting period prior to abortion. The petitioners argued these provisions violated a woman's right to abortion established by Roe v. Wade. The Supreme Court upheld most provisions of the Act, allowing restrictions but preventing an "undue burden" on abortion rights. The decision maintained Roe v. Wade while permitting more state regulation of abortion than previously allowed.

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124 views

Assignment Seven Case Study

This case study analyzes Planned Parenthood vs. Casey, which challenged provisions of Pennsylvania's Abortion Control Act. The Act imposed requirements such as spousal consent and a 24-hour waiting period prior to abortion. The petitioners argued these provisions violated a woman's right to abortion established by Roe v. Wade. The Supreme Court upheld most provisions of the Act, allowing restrictions but preventing an "undue burden" on abortion rights. The decision maintained Roe v. Wade while permitting more state regulation of abortion than previously allowed.

Uploaded by

Arindom
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Running head: ASSIGNMENT 7 -CASE STUDY 1

Assignment Seven: Case Study

Name of Student

Course Name and Number

Institution/University

Date of Submission
ASSIGNMENT 7 -CASE STUDY 2

Assignment 7: Case Study

Introduction

In this Case Study, an analysis of the case ‘Planned Parenthood vs. Casey, 505 U.S. 833

(1992)’ has been carried out. The results of the said analysis can then be viewed from the back

view perspective. From this resultant superimposed scenarios, a sincere endeavor may then be

carried out to answer the case questions, the focus being on the central contention of this unit,

which is “privacy rights in domestic relationships”.

Background and History

In the constitution of the United States, the word ‘privacy’ stands mentioned at several

places, such as. the First Amendment protects privacy of beliefs, the Fourth Amendment

provides privacy from unreasonable searches, the Fifth Amendment provides protection against

self-incrimination, etc. It is not mentioned anywhere in the constitution as a; fundamental right

but it is regarded as one from its linkages with different amendments.( Sharp, 2013) Now,

abortion became legal in the United States following the landmark verdict of the Honorable

Supreme Court, more popularly known as Roe vs. Wade [410 U.S. 113 (1973)]. Prior to Row vs.

Wade, abortions were exclusively state subjects had set up laws and statutes which deterred

women from abortions, and further, abortions were criminalized in Texas with doctor being

subjected to a short term imprisonments or penalized or both; for carrying out abortions.

However, if carried out for saving the life of the mother, then n abortion was not considered as a

criminal offence. The petitioner Jane Roe ( a pseudonym to conceal her true identity) brought

suit against the State Governor, relying on the implied fundamental right of privacy which the

Supreme Court had pointed out and earlier highlighted in Griswold vs Connecticut. Further, the

petitioner had also highlighted the disruption in the mother’s life as well as the vague nature of

the applicable laws, resulting in women getting sacked on becoming pregnant. At that time, the
ASSIGNMENT 7 -CASE STUDY 3

Supreme Court justices could be said to be neutral but with Nixon’s appointees gradually moving

up the ladder, the Court was on the verge of starting to become more conservative oriented..

Thus, it was speculated that Roe vs.-Wade would soon be reversed and state governments set up

their own laws machinery to take care of such an eventuality,

Planned Parenthood vs. Casey

Thus,, as the Supreme Court started to become became more and more conservative in

its outlook, the petitioners ‘Planned Parenthood’ filed suit against Pennsylvania Abortion Control

Act of 1982 for incorporating five provisions in it through amendments for carrying out the

abortion, the provisions being (a) except in case of a medical emergency, the patient must

consent to the procedure and be subjected to a 24 hour waiting period when she is informed

about the risks and consents to it, involved 24 hours before starting the abortion of the dangers

and alternative procedures available; in the case of a married woman, a spousal letter that the

spouse is aware of the situation, in case the patient is a minor than a letter of consent from any

one parent, a judicial by-pass being allowed by the law.( Planned Parenthood of Southeastern

Pennsylvania v. Casey. (n.d.)) The petitioners contended that with all these new provisions, it

will not be possible for a women to comply with all the conditions without violation of her right

to abortion as guaranteed by Roe vs. Wade in that capacity.

Case Answers and Conclusion

This significance of the case as per Family Law is that it deals with abortion which is a

family law state controlled subject. It is connected to the US constitution through the process of

abortion, as well as the due process clause. The Supreme Court justices upheld all the provisions

of the Pennsylvania Abortion Control Act i.e. the condition where spousal performance is

required for the abortion to be carried out. The fourth condition of minors requiring a certificate
ASSIGNMENT 7 -CASE STUDY 4

’can also be perhaps justified. However, the 24 hour waiting period appears to be superfluous as

similar as there appears to be no requirement for this.

In conclusion, Justices Kennedy, O’Connor, and Souter formed a middle way alliance and

allowed Roe Vs Wade to remain. However, the 3rd trimester program as per the Roe Vs Wade

was discontinued and in its place a new testing system based upon viability was introduced

which was called ‘the unjust burden.’

*****************
ASSIGNMENT 7 -CASE STUDY 5

References

Laird, V. (1994) Planned Parenthood v Casey: The Role of Stare Decisis.. The Modern Law

Review Jstor,org Retrieved from https://www.jstor.org/stable/1096524?

seq=1#page_scan_tab_contents

Planned Parenthood of Southeastern Pennsylvania v. Casey . (n.d.). Oyez. Retrieved November

10, 2018, from https://www.oyez.org/cases/1991/91-744

Sharp, T. (2013, June 12). Right to Privacy: Constitutional Rights & Privacy Laws Live Science.

Retrieved from Right to Privacy: https://www.livescience.com/37398-right-to-

privacy.html Right to Privacy: Constitutional Rights & Privacy Laws Constitutional

Rights & Privacy Laws

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