Cases

Read Complete Research Material



Cases

Planned Parenthood v Casey

In the case of Planned Parenthood vs. Casey, the issue is the provisions of the Pennsylvania Abortion Control Act of 1982 which requires that a woman seeking an abortion give her informed consent prior to the procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed; mandates the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; commands that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband; defines a "medical emergency" that will excuse compliance with the foregoing requirements; and imposes certain reporting requirements on facilities providing abortion services. The petitioners, five abortion clinics and a physician representing himself and a class of doctors who provide abortion services, brought this suit seeking a declaratory judgment that each of the provisions were unconstitutional, as well as injunctive relief. The District Court held all the provisions unconstitutional, and permanently enjoined their enforcement. The Court affirmed in part and reversed in part, striking down the husband notification provision but upholding the others.

Harris v McRea

Of particular note are the cases of Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976) in which the court threw out the need for written spousal consent for abortion; Harris v. McRae, 448 U.S. 297 (1980) In which the court ruled that the state ought not to be mandated to pay for abortions. And finally Planned Parenthood v. Casey, 505 U.S. 833 (1992) which has replaced Roe as the dominant precedent on abortion and allowed the court to define very specifically rights such as those of the parents in the case of abortion in a minor, and allowing limited (and politically popular) state regulation ...
Related Ads