![]() Referring to past Supreme Court cases such as Griswold v. The Court characterized the issue as one of “liberty” rather than “privacy” this opened the door for substantive due process analysis. The Supreme Court, in a decision written jointly by Justices O’Connor, Kennedy, and Souter, upheld the 24-hour waiting period provision and the informed consent provision for minors but struck down the spousal consent provision. ![]() ![]() In the presence of a medical emergency, the Act exempted compliance to the above three provisions. The Pennsylvania Abortion Control Act of 1982 required: (i) that women seeking abortions must be given certain information at least 24 hours before the abortion was to be performed (the “24-hour waiting period”) (ii) for minors, informed consent of the parents, with a judicial bypass option when the minor could not obtain parental permission and (iii) that married women seeking an abortion notify her husband of her intent. Important note: The Supreme Court’s ruling in Dobbs v. However, at the time, the Court overruled two aspects of the Roe decision: (1) the trimester distinction and (2) the use of strict scrutiny for judicial review of government regulation of abortions. ![]() Wade (1973) prohibiting states from disallowing abortion prior to viability. Casey is the Supreme Court case that had reaffirmed the decision of Roe v. Planned Parenthood of Southeastern Pennsylvania v. ![]()
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