The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. The Supreme Court heard the case of Casey v. Planned Parenthood in 1992. In a 5-to- 4 decision, the Court again reaffirmed Roe, but it upheld most of the Pennsylvania provisions. For the first time, the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this standard, the only provision to fail the undue-burden test was the husband notification requirement. A. Identify the implied clause from the Fourteenth that was used as the basis of the decision in both Roe v. Wade and Casey v. Planned Parenthood. B. Explain how the facts in both Roe v. Wade and Casey v. Planned Parenthood led to different decisions in both cases.
The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. The Supreme Court heard the case of Casey v. Planned Parenthood in 1992. In a 5-to- 4 decision, the Court again reaffirmed Roe, but it upheld most of the Pennsylvania provisions. For the first time, the justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Under this standard, the only provision to fail the undue-burden test was the husband notification requirement. A. Identify the implied clause from the Fourteenth that was used as the basis of the decision in both Roe v. Wade and Casey v. Planned Parenthood. B. Explain how the facts in both Roe v. Wade and Casey v. Planned Parenthood led to different decisions in both cases.
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Transcribed Image Text:The Pennsylvania legislature amended its abortion control law in 1988 and 1989.
Among the new provisions, the law required informed consent and a 24 hour waiting
period prior to the procedure. A minor seeking an abortion required the consent of one
parent (the law allows for a judicial bypass procedure). A married woman seeking an
abortion had to indicate that she notified her husband of her intention to abort the fetus.
These provisions were challenged by several abortion clinics and physicians.
The Supreme Court heard the case of Casey v. Planned Parenthood in 1992. In a 5-to-
4 decision, the Court again reaffirmed Roe, but it upheld most of the Pennsylvania
provisions. For the first time, the justices imposed a new standard to determine the
validity of laws restricting abortions. The new standard asks whether a state abortion
regulation has the purpose or effect of imposing an "undue burden," which is defined as
a "substantial obstacle in the path of a woman seeking an abortion before the fetus
attains viability." Under this standard, the only provision to fail the undue-burden test
was the husband notification requirement.
A. Identify the implied clause from the Fourteenth that was used as the basis of the
decision in both Roe v. Wade and Casey v. Planned Parenthood.
B. Explain how the facts in both Roe v. Wade and Casey v. Planned Parenthood led
to different decisions in both cases.
C. Explain how Congress can affect the current abortion laws that states establish.
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