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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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16:14
Justice as Fairness!
16:14
also wow I didn’t consider that about immigration policy. hmmm
16:17
@Law-Guy: you get it
16:19
@baddestbunny: oh yeah definitly. Idk how any system of government would work if you can't distribute social goods to everyone.
MildChiller
16:33
does anyone know if the Yale webinars are cameras on?
1a2b3c4d26z
16:35
Justice as deez!
17:49
Quentin Tarantino is interested in watching somebody’s ear getting cut off; David Lynch is interested in the ear.
18:03
Quentin Tarantino can't resist putting a gay scene with a black guy participating in the gay act in his movies.
18:05
David Lynch is just gay.
18:18
Lynch is more in touch with his unconscious/dream state than the average person
18:42
Probably. I just dont know. All I know is he did a good job with Dune.
18:45
You should watch Blue Velvet
18:46
How’s your LSAT studying been going?
18:49
It is good. I have about two more weeks and I broke the 90 level on LSAT Demon which is good last night. My goal is 95 so I can probably get it before I test. It is scaled our of 100. This is for LR. My RC is below that but I know the more I get better at MBT questions the better my RC becomes.
18:50
I watched the trailer for that movie. The run time is 2 hours. May watch it on 2x the speed. Just watched se7en and thats like as graphic as I get so I kinda need a break from weird bodyhorror stuff. The sloth guy in that movie scared me.
18:51
I do like psychological horror though.
18:53
Oh jesus don’t watch the movie at all if you’re gonna watch it on 2x speed
18:54
I have never used lsat demon; how do their levels relate to actual lsat scoring?
18:56
kinda go in 20 point intervals. 20 points if you have mastered lvl 1 difficulty questions, 100 points if you have mastered lvl 5.
18:56
Getting 100 points is incredibly difficult though. anything baout 95 is pushing the 175-180 range. 90-95 is like 170-174 or so. etc.
18:56
yeah but if you’re getting a 95 on all sections what LSAT score is that? how is that calculated?
18:56
oh okay
18:57
so 100 would be a 180?
18:57
Yeah, 100 is like you would get a 180 and there's nothing more to teach you. I have only seen someone with a 100 like 2/3 times.
18:57
are you taking practice tests that are being scored though?
18:57
or just drills
18:57
Yep, they get factored into it.
18:58
I do drilling essentially every day. A timed section every 3, and a test every 2 weeks.
1a2b3c4d26z
20:06
re: WashU's URM lsat differential - fair to chalk that up to LSAT redaction weirdness messing w the scale or are they generally starved for URMs
1a2b3c4d26z
20:07
And an (albeit negligible) inverse URM GPA differential
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