Planned Parenthood of Southeastern Pennsylvania v. Casey
Facts
Pennsylvania enacted the Abortion Control Act, which regulated abortion through a series of requirements and restrictions. The law included several provisions designed to influence and limit abortion access:
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Informed consent requirement, including specific information to be provided and a 24-hour waiting period
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Requirement that minors obtain parental consent, with a judicial bypass option
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Spousal notification requirement (married women had to notify their husbands before obtaining an abortion)
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Extensive reporting and recordkeeping requirements for abortion providers and facilities
Planned Parenthood and other abortion providers challenged these provisions as unconstitutional under the abortion right recognized in Roe v. Wade. Pennsylvania argued that the regulations were valid efforts to promote potential life and ensure informed decision-making.
The Supreme Court was required to reconsider Roe’s foundations and determine which parts of Roe remained controlling, and what standard should govern abortion regulation.
Issues
To what extent does the Constitution protect abortion rights after Roe, and what standard governs the constitutionality of state abortion regulations?
Rule
The Court reaffirmed the “central holding” of Roe: before viability, the state may not prohibit abortion, and after viability, the state may regulate or prohibit abortion so long as it includes exceptions for the woman’s life and health.
However, the Court rejected Roe’s trimester framework and adopted the undue burden standard: A law is unconstitutional if it has the purpose or effect of placing a substantial obstacle in the path of a woman seeking a pre-viability abortion.
Application
The Court took a middle path: it declined to overrule Roe entirely, but it restructured abortion doctrine.
First, the Court reaffirmed abortion as a protected liberty interest under substantive due process and emphasized reliance interests—women’s ability to participate equally in society had developed around the availability of reproductive choice.
Second, the Court criticized the trimester framework as too rigid and as improperly limiting the state’s ability to express respect for potential life throughout pregnancy. The Court concluded that the state may encourage childbirth over abortion and may regulate abortion before viability, so long as it does not impose an undue burden.
Applying the undue burden test, the Court evaluated each provision:
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Informed consent + 24-hour waiting period: upheld. The Court treated these as permissible regulation intended to ensure deliberation and informed decision-making.
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Parental consent with judicial bypass: upheld. The Court accepted this as consistent with prior doctrine allowing special rules for minors.
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Spousal notification: struck down. The Court concluded this created a substantial obstacle for many women, particularly those facing domestic abuse or coercion, and thus imposed an undue burden.
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Reporting and recordkeeping requirements: largely upheld as legitimate regulatory measures not imposing a substantial obstacle.
In future cases, Casey became the controlling abortion framework for decades, shifting the constitutional inquiry away from Roe’s trimester categories and toward the undue burden test. It also strengthened the focus on viability as the key boundary for prohibitions.
Holding
The Court reaffirmed Roe’s central holding but replaced Roe’s trimester framework with the undue burden standard.
The Court struck down the spousal notification requirement as an undue burden but upheld most other provisions.
Court
The case was decided by the United States Supreme Court. It reviewed Pennsylvania’s abortion regulations, reaffirmed the pre-viability abortion right, and adopted the undue burden test as the governing constitutional standard.
Exam Notes
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Reaffirms Roe’s core: no pre-viability bans; viability remains key dividing line
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Replaces trimester framework with undue burden standard
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Undue burden = substantial obstacle to pre-viability abortion
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State may regulate and persuade (encourage childbirth) before viability
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Strikes down spousal notification as undue burden
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Upholds waiting periods and informed consent (generally)
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Central modern abortion framework (historically) for exam analysis
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High-frequency UBE essay topic (standards + application)