Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Read a random definition: decem tales

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.

Plan for Achieving Self-Support (PASS) | plant closing

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
LSD+ is ad-free, with DMs, discounts, case briefs & more.