PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY 505 U.S. 833 (1992) CASE BRIEF

PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY

505 U.S. 833 (1992)

NATURE OF THE CASE: This was a case involving the right to abortion.

FACTS: The Act requires that a woman seeking an abortion give her informed consent prior to the abortion procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed. For a minor to obtain an abortion, the Act requires the informed consent of one of her parents, but provides for a judicial bypass option if the minor does not wish to or cannot obtain a parent's consent. Another provision of the Act requires that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband of her intended abortion. The Act exempts compliance with these three requirements in the event of a 'medical emergency,' which is defined in the Act. The Act imposes certain reporting requirements on facilities that provide abortion services. The petitioners, who are five abortion clinics and one physician representing himself as well as a class of physicians who provide abortion services, brought this suit seeking declaratory and injunctive relief. The District Court held all the provisions at issue here unconstitutional, entering a permanent injunction against Pennsylvania's enforcement of them. The Court of Appeals for the Third Circuit affirmed in part and reversed in part, upholding all of the regulations except for the husband notification requirement.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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