Planned Parenthood of Southeastern Pennsylvania v. Casey


The PA legislature enacted a variety of amendments to their abortion laws.  The amendments included the adoption of “informed consent” of a doctor and a 1 day waiting period before the procedure was to be performed.  Additionally, a minor must have the consent of her parents and a married woman must have notified her husband.


Whether all or some of the amendments violated the constitutional rights provided in Roe v. Wade.


Yes, some portions violate the constitution because they impose an undue burden on the mother, affirmed.  The burden imposed on the mother is undue when the state imposes “a substantial obstacle in the path of the woman seeking an abortion before the fetus attains viability.”  The court rejected the trimester analysis put forth in Roe and instead stuck with the undue burden standard.  Notification to the husband, the court held, is an undue burden placed on the mother.  Women may have very good reasons for not informing the husband of an abortion plan, as it may jeopardize her own safety, etc.  Informed consent of a doctor in addition to a 24 hour wait period do not place undue burdens on the mother and can be held as reasonable restrictions.

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