ABORTION PRIVACY v. LIFE Later Supreme Court Decisions

PLANNED PARENTHOOD V. CASEY 1992 REAFFIRMATION OF ROE V. WADE REJECTION OF STRICT TRIMESTER APPROACH –EARLIER VIABILITY UNDUE BURDEN TEST –INFORMED CONSENT HOUR WAITING PERIOD [UPHELD] –PARENTAL NOTIFICATION FOR UNEMANCIPATED MINOR WITH JUDICIAL BYPASS [UPHELD] –NOTIFICATION OF SPOUSE [REJECTED] NO NOTIFICATION OF FATHER IF NOT HUSBAND

PLANNED PARENTHOOD V. CASEY 1992 “ THESE MATTERS, INVOLVING THE MOST INTIMATE AND PERSONAL CHOICES A PERSON MAY MAKE IN A LIFETIME, CHOICES CENTRAL TO PERSONAL DIGNITY AND AUTONOMY, ARE CENTRAL TO THE LIBERTY PROTECTED BY THE 14TH AMENDMENT... AT THE HEART OF LIBERTY IS THE RIGHT TO DEFINE ONE’S CONCEPT OF EXISTENCE, OF MEANING, OF THE UNIVERSE, AND OF THE MYSTERY OF HUMAN LIFE.”

STENBERG v. CARHART 2000 ROE v. WADE (1973) UPHELD –RIGHT TO PRIVACY –PRESERVATION OF MOTHER’S LIFE AND HEALTH SPECIALLY PROTECTED IN THE THIRD TRIMESTER CASEY (1992) –UNDUE BURDEN TEST UNDUE BURDENS IN EXERCISING A RIGHT NULLIFY THE RIGHT

STENBERG v. CARHART 2000 THE ENDING OF A LIFE THE MEANS FOR ENDING A LIFE D&E [DILATION AND EVACUATION] –COMMON IN 2ND TRIMESTER –REMOVAL OF SOME FETAL TISSUE D&X [DILATION AND EXTRACTION] –REMOVAL OF BODY UP TO HEAD –APPROPRIATE MEDICAL JUDGMENT –“SAFER” FOR THE MOTHER CONFUSION/CONFLATION OF TWO METHODS –ELIMINATION D&X COULD ELIMINATE D&E –PRODUCES UNDUE BURDEN