Planned Parenthood Vs Casey Case Study

Planned Parenthood v. Casey was a Supreme Court case that originated in the area of Southeastern Pennsylvania when one of these nationwide organizations, Planned Parenthood, decided to argue against the limitations put into place regarding abortion by Governor Robert P. Casey stating that they violated the laws established in Roe v. Wade (“Planned Parenthood of Southeastern Pennsylvania v. Casey”). The case began in the US District Court of Eastern Pennsylvania which declared all of the provisions to be unconstitutional; however, the State Court of Appeals reversed this decision claiming that all of the provisions except for spousal notification were constitutional. The case then arrived to the Supreme Court in 1991, and a final decision was

Wade. They did uphold all of the Pennsylvania provisions except for one, as well. The court decision of Planned Parenthood v. Casey was very close, with the final results being 5 to 4. The justices created a “new standard” to decide whether laws regarding abortion were legally acceptable. It asks whether a state abortion regulation has the goal or effect of forcing an "undue burden," which is said to be a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Out of all of the policies under the Abortion Control Act in Pennsylvania, the only one said to be an “undue burden” is that the wife must notify her husband if she is planning on ending the pregnancy (“Casey v. Planned Parenthood (1992),” 2006). The opinion was crafted by three justices rather than one. Justice O'Connor, Justice Kennedy, and Justice Souter were the ones who wrote and delivered the opinion; yet, the majority opinion was written by Justice David Souter. The justices that were part of the majority opinion were Blackmun, Stevens, O’Connor, Kennedy, and Souter. Blackmun and Stevens also wrote concurring opinions, stating that they did not agree with all aspects of the final decision. The justices that did not advocate for and were part of the dissenting opinion were Chief Justice Rehnquist, White, Scalia, and Thomas (“Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833,” 1992).

Casey has left a significant impact on the country and its inhabitants, specifically women. In Planned Parenthood v. Casey, the Court reaffirmed Roe v. Wade and eliminated the requirement for spousal notification. However, it also created a new, less strict interpretation of the “undue burden” standard. This was a missed opportunity to overturn Roe as the Rehnquist court was more conservative than the Burger court that was in control during the 1970s. Yet, the decision opened the door for abortion to be better controlled by the states. Since then many state laws have been passed to limit or restrict abortion. The declining abortion numbers are often said to be because of these laws (“The Significance of Planned Parenthood v. Casey - Why Pro-Life?,” 2016). While the right to an abortion is still legal, it is limited by each state. Women deserve the right to be in charge of their bodies, without having to comply with restrictions. Pregnant minors are often in poor situations, going to extreme measures to terminate the pregnancy and keeping it hidden from their guardians. This often causes more harm. Also, women are informed of the procedure and are required to complete the 24 hour waiting period. This makes many feel self-conscious or guilty, turning them away from having an abortion. All of the information must be reported to the state, as well. In my opinion, this is an invasion of privacy