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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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cornell is incredibly based
our professors are sigmapilled goonmaxxers
i see, a quality education
GodsPlanUltimately
16:59
Interesting folks.
jackfrost11770
17:00
Cornell put me on reserve after interview they are at least slightly unbased
@jackfrost11770: thats why they sit at 2
cornell is based but universal rule is adcoms are ghouls
texaslawhopefully
17:01
this is depressing lol: https://thedispatch.com/newsletter/boilingfrogs/shock-and-awe/
Dkk
17:01
@GodsPlanUltimately smart of them
Dkk
17:02
How is it unpopular when he got the pop vote and the electoral college. Unreadable after the title.
Who’s hearing from uclaaa rnnnn
texaslawhopefully
17:03
Glad you're back dk lmao. If you read the actual article, it's that his day one EO's are wildly unpopular (for instance the majority of americans support birthright citizenship). He can have won the popular vote and still do unpopular stuff
texaslawhopefully
17:03
"Two recent polls found opposition to pardoning the J6ers at 57 and 59 percent, respectively, and that was before Americans understood that even the cop-beaters in the crowd that day would be let off scot-free."
I wonder if this chat has mods
17:04
as most dictators who have come into power do, he appealed to the masses just to turn face once in power
Barely nutty
Dkk
17:04
@texas maybe so. Maybe so.
17:04
we have been duped.
17:05
Oh well there is always the next election.* *- unless there are no more elections.
texaslawhopefully
17:05
I lean conservative and for a long time was one of those people who thought that he was bad but wasn't a facist and that sort of rhetoric was over-reactive. And for those reasons I voted for Harris, but I think I was underestimating him by far.
gov hiring freeze is insane
Remember when Elon musk literally did the nazi salute twice , yeah
Insane
his goal is to crush public opinion of the government by intentionally making ineffective and then pointing to how ineffective it is
Dkk
17:05
I personally think most people are one issue voters and rhey disagree on principle but things have to be done this say now or else they never will.
17:05
oh well should be a good little 'societal experiment' if u will
@SplitterusClitterus: he clearly just meant his heart goes out to him, just ignore his support for the literal fascist party in germany
17:06
dkk what's your one issue
texaslawhopefully
17:06
I was a one issue voter. My one fucking issue was that Trump encouraged an insurrection.
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