Define: Planned Parenthood Of Southeastern Pennsylvania V. Casey (1992)

Planned Parenthood of Southeastern Pennsylvania v. Casey is a landmark court case that established that states cannot enact laws prohibiting abortion prior to the point at which the fetus is viable outside the womb. However, the court also recognized that states have the authority to impose certain regulations on abortion, such as ensuring individuals receive information prior to undergoing the procedure. Additionally, the court emphasized that states cannot impose excessive barriers that make it unduly difficult for individuals to access abortion services prior to fetal viability. Ultimately, the court affirmed the right of individuals to make autonomous decisions regarding their own bodies.

Planned Parenthood of Southeastern Pennsylvania v. Casey is a Supreme Court case that upheld the decision of Roe v. Wade (1973) which prevents states from banning abortion before viability. However, the Court overturned two aspects of the Roe decision: (1) the division of pregnancy into trimesters and (2) the use of strict scrutiny for reviewing government regulation of abortions. For instance, the Pennsylvania Abortion Control Act of 1982 mandated that women seeking abortions must receive specific information at least 24 hours before the procedure (the “24-hour waiting period”). The Supreme Court upheld the 24-hour waiting period and the requirement for informed consent for minors, but struck down the provision that required spousal consent. The Court framed the issue as one of “liberty” rather than “privacy,” which allowed for an analysis of substantive due process. By considering previous Supreme Court cases, the Court emphasized the liberty interests and decision-making autonomy of those seeking an abortion. The Court used stare decisis to reevaluate Roe v. Wade (1973). The Court recognized that abortion was a highly controversial topic in society, but this further justified upholding precedent and avoiding politicization. Therefore, the Court decided to uphold the core principles of Roe regarding restrictions on pre-viability abortions. The Court acknowledged that while the concept of “viability” remained, the point of viability had shifted to earlier in the pregnancy. Before viability, the Court protected a woman’s right to have an abortion, but rejected the rigid trimester framework established by Roe. Instead, states could not impose an “undue burden” on individuals seeking an abortion before viability. An “undue burden” existed if a state restriction on abortion placed a significant obstacle on individuals seeking an abortion of a non-viable fetus. Applying the newly developed undue burden test to the facts, the Court found that the spousal notification requirement was an undue burden that impeded a pregnant individual’s decision-making freedom. Therefore, the Court declared this part 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, making it permissible because the state was acting in the interest of informed consent. At the time, the Court also upheld the requirement for parental consent.

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This glossary post was last updated: 17th April 2024.