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What did SCOTUS change in Planned Parenthood v. Casey?

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-07-05 09:20 PM
Original message
What did SCOTUS change in Planned Parenthood v. Casey?
Edited on Fri Oct-07-05 09:21 PM by usregimechange
from Roe?
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Kenroy Donating Member (768 posts) Send PM | Profile | Ignore Fri Oct-07-05 09:23 PM
Response to Original message
1. Try this:
http://www.oyez.org/oyez/resource/case/306/

Question Presented
Can a state require women who want an abortion to obtain informed consent, wait 24 hours, and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade?


Conclusion
In a bitter, 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. The opinion for the Court was unique: It was crafted and authored by three justices.

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-07-05 09:25 PM
Response to Original message
2. In the Roe decision,
Edited on Fri Oct-07-05 09:26 PM by Maat
things were divided by trimesters.

"Casey" weakened the right to privacy guarantees by introducing the application of the "viability" standard, replacing the "trimester" standard.

States are permitted to regulate procedures relatively heavily if a fetus is 'viable.'

Previously, heavy regulation was reserved for the final trimester.

This is off of the top of this J.D.'s head.

On edit:
Yep, I remember the part about 'undue burden.' But the 'viability' standard was also introduced.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-07-05 09:30 PM
Response to Reply #2
3. Ah .. here is the sentence that I'm looking for ..
Edited on Fri Oct-07-05 09:31 PM by Maat
"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."

So, now we are dividing situations into 'viability' and 'pre-viability' circumstances.

If the case in question involves 'pre-viability,' then the standard applied is 'undue burden.'

A substantial weakening in terms of the "Roe" Court's virtually precluding regulation in the 1st trimester, significantly limiting it in the second, and only permitting significant regulation in the third.

http://www.oyez.org/oyez/resource/case/306/
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