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Simple English definitions for legal terms

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

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A quick definition of Planned Parenthood of Southeastern Pennsylvania v. Casey (1992):

Planned Parenthood of Southeastern Pennsylvania v. Casey is a court case that said states cannot make laws that stop people from having an abortion before the baby can live outside the womb. But the court also said that states can make some rules about abortion, like making sure people have information before they get an abortion. The court also said that states cannot make it too hard for people to get an abortion before the baby can live outside the womb. The court said that people have the right to make their own choices about their body.

A more thorough explanation:

Planned Parenthood of Southeastern Pennsylvania v. Casey is a Supreme Court case that reaffirmed the decision of Roe v. Wade (1973) prohibiting states from disallowing abortion prior to viability. However, the Court overruled two aspects of the Roe decision: (1) the trimester distinction and (2) the use of strict scrutiny for judicial review of government regulation of abortions.

For example, the Pennsylvania Abortion Control Act of 1982 required that women seeking abortions must be given certain information at least 24 hours before the abortion was to be performed (the “24-hour waiting period”). The Supreme Court upheld the 24-hour waiting period provision and the informed consent provision for minors but struck down the spousal consent provision.

The Court characterized the issue as one of “liberty” rather than “privacy”; this opened the door for substantive due process analysis. Referring to past Supreme Court cases, the Court put an emphasis on the liberty interests and decisional autonomy of those seeking an abortion.

The Court applied stare decisis to reevaluate Roe v. Wade (1973). The Court acknowledged that the issue of abortion was highly controversial in society; however, that gave further reason for the Court to uphold precedent and avoid politicization.

Thus, the Court decided, at the time, to uphold the core holdings of Roe regarding the restrictions on pre-viability abortions. The Court had noted that while the idea of “viability” remained, the point of viability itself had shifted to earlier in the pregnancy. Pre-viability, the Court upheld the protection of the woman’s right to have an abortion, but the Court rejected the Roe’s “rigid trimester framework.”

Instead, states could not impose an “undue burden” on individuals who, prior to viability of the fetus, sought to have an abortion. An “undue burden” arose if the purpose or effect of the state restriction on abortion placed a “substantial obstacle” on individuals seeking an abortion of a non-viable fetus.

Applying the newly formed undue burden test to the facts, the Court found the spousal notification requirement to be an undue burden that impeded on a pregnant individual's decisional freedom. Thus, the Court struck down this portion of the Pennsylvania law as facially unconstitutional. However, the purpose of the 24-hour waiting period provision was to provide information to those seeking abortions. Because the state was acting in the interest of informed consent, such a provision was permissible. At the time, The Court also upheld the parental consent requirement.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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