Planned Parenthood of Southeastern Pennsylvania, et al. v. Robert P. Casey, et al., Etc. (505 U.S. 833)

U.S. Supreme Court · decided June 29, 1992 · Supreme Court Database (Spaeth)

Citation
505 U.S. 833 · 112 S. Ct. 2791
Docket
No. 91-744
Argued
April 22, 1992
Decided
June 29, 1992
Term
October Term 1991
Vote
5–4
Issue area
Privacy
Disposition
Affirmed and reversed (or vacated) in part and remanded
Outcome
Petitioning party won
Ideological direction
Liberal
Constitutional ruling
State/territorial law held unconstitutional
Precedent
This decision overruled or formally altered earlier precedent
Later history
Overruled by Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022)

How the Justices voted

Majority
Justice O'Connor (wrote), Justice Kennedy (wrote), Justice Souter (wrote)
Concurring in the judgment
Justice Blackmun (wrote), Justice Stevens (wrote)
Dissenting
Chief Justice Rehnquist (wrote), Justice White, Justice Scalia (wrote), Justice Thomas

Opinion on Justia

Opinion excerpt

Justice O’Connor, Justice Kennedy, and Justice Sou-ter announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V-A, V-C, and VI, an opinion with respect to Part V-E, in which Justice Stevens joins, and an opinion with respect to Parts IV, V-B, and V-D. I Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman’s right to terminate her pregnancy in its early stages, Roe v. Wade, 410 U. S. 113 (1973), that definition of liberty is still questioned. Joining the respondents as amicus curiae, the United States, as it has done in five other cases in the last decade, again asks us to overrule Roe. See Brief for Respondents 104-117; Brief for United States as Amicus Curiae 8. At issue in these cases are five provisions of the Pennsylvania Abortion Control Act of 1982, as amended in 1988 and 1989. 18 Pa. Cons. Stat. §§3203-3220 (1990). Relevant portions of the Act are set forth in the Appendix. Infra, at 902. 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. § 3205. For a minor to obtain an abortion, the Act requires the informed consent of one of her parents, but provides for a judicial bypass…

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