Sunday, March 25, 2012

Casey case brief

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Casey (1992)

  • undue burden standard – law has the purpose/effect of placing a substantial obstacle in woman’s way of seeking an abortion. If undue burden, struck down.
  • if no undue burden, use RR b/c state has interest in life from conception
  • Court gets rid of trimester approach and replaces it with viability approach (state can put some obstacles in the way of a woman seeking an abortion, as long as it is done win the interest of protecting potential human life)
  • Provisions of PA law: (1) Informed consent – upheld; (2) 24 hour waiting period – upheld; (3) Reporting requirement for MDs – upheld; (4) Parental consent for minors w/ bypass option – upheld; (5) spousal consent – struck down (Court leary of time when women considered property of her husband)

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