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Constitutional Law Keyed to Feldman
Planned Parenthood of Southeastern Pa. v. Casey
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Pennsylvania Abortion Control Act of 1982 contained certain provisions that were challenged as being unconstitutional. First, 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. Second, the Act requires a minor obtain parental consent, but provides for a judicial bypass. Third, 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. Finally, the Act imposes reporting requirements on facilities that provide abortion services. The Act exempts these conditions in the event of a “medical emergency.” Before these provisions took effect, Petitioner, Planned Parenthood of Southeastern Pennsylvania, brought this suit seeking declaratory and injunctive relief. Each provision was challenged as being unconstitutional on its face. The District Court held all the provisions at issue unconstitutional. The Court of Appeals upheld all of the regulations except for the husband notification requirement.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.