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Abortion Rights and Privacy in Supreme Court Decisions

Explore the landmark cases of Planned Parenthood v. Casey (1992) and Stenberg v. Carhart (2000) that shape abortion law and privacy rights in the US. Delve into the legal nuances of Roe v. Wade's reaffirmation, rejection of strict trimester approach, and the undue burden test.

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Abortion Rights and Privacy in Supreme Court Decisions

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  1. ABORTION PRIVACY v. LIFE Later Supreme Court Decisions

  2. PLANNED PARENTHOOD V. CASEY1992 • REAFFIRMATION OF ROE V. WADE • REJECTION OF STRICT TRIMESTER APPROACH • EARLIER VIABILITY • UNDUE BURDEN TEST • INFORMED CONSENT --- 24-HOUR WAITING PERIOD [UPHELD] • PARENTAL NOTIFICATION FOR UNEMANCIPATED MINOR WITH JUDICIAL BYPASS [UPHELD] • NOTIFICATION OF SPOUSE [REJECTED] • NO NOTIFICATION OF FATHER IF NOT HUSBAND

  3. PLANNED PARENTHOOD V. CASEY1992 • “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.”

  4. STENBERG v. CARHART2000 • 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

  5. STENBERG v. CARHART2000 • 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

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