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Planned Parenthood of Southeastern Pennsylvania v. Casey

Citation:

Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992)

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Facts

The Pennsylvania’s abortion law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (with a possible judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians.

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Q.1 - How did the U.S. Supreme Court's adoption of the "undue burden" standard in Planned Parenthood v. Casey alter the conceptual framework of constitutional rights as applied to pre-viability abortion restrictions under the Fourteenth Amendment, particularly in relation to the precedent set by Roe v. Wade?

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(A) The Court effectively replaced the constitutional right to abortion with a deferential "reasonableness" standard, granting substantial deference to state legislative decisions.

Incorrect. The Court did not adopt a "reasonableness" standard; it still required that abortion restrictions not create undue burdens.

(B) The Court preserved Roe's trimester framework but subordinated it to a flexible "undue burden" test, significantly modifying how the right to abortion is analyzed under substantive due process.

Incorrect. The Court did not retain the Roe trimester framework; it replaced it with the "undue burden" test.

(C) The Court’s modification of the Roe framework by introducing the "undue burden" standard allowed greater state regulation, but it simultaneously required a more rigorous judicial inquiry into state interests.

Correct! The Court moved away from the rigid Roe framework and replaced the trimester system with the "undue burden" test, which allowed more room for state regulation but required closer scrutiny of state interests and their impact on abortion access.

(D) The Court repudiated the Roe framework entirely, rejecting any constitutional protection for abortion, and relegating abortion rights to a state-regulated issue.

Incorrect. The Court did not eliminate abortion rights, but rather adjusted the standard for evaluating state regulations.

Q.2 - In Planned Parenthood v. Casey, the majority upheld several Pennsylvania abortion provisions despite their potential to impose significant burdens on women. Which of the following most accurately reflects the Court's application of the "undue burden" standard in relation to the parental consent requirement for minors, as opposed to the spousal notification requirement?

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(A) The Court applied a strict scrutiny analysis to the parental consent requirement, finding that it was narrowly tailored to serve the state's interest in protecting minors, whereas the spousal notification requirement was found to be a disproportionate burden on women's autonomy.

Incorrect. The Court did not apply strict scrutiny to parental consent; it used the "undue burden" test.

(B) The Court held that both the parental consent and spousal notification requirements created substantial obstacles, but it upheld parental consent due to its narrower scope and importance in fostering family involvement in minors' medical decisions.

Correct! The Court applied the "undue burden" standard and concluded that parental consent provisions were justified, given the state's interest in involving parents in minors’ medical decisions, while spousal notification was found to create a more substantial burden on women’s autonomy.

(C) The Court applied an intermediate scrutiny standard to the parental consent requirement, justifying the regulation based on the state’s interest in fostering familial responsibility and protecting minors, but struck down spousal notification due to its broader implications on women’s autonomy.

Incorrect. The Court did not apply intermediate scrutiny but rather the "undue burden" standard.

(D) The Court used a balancing test to evaluate both provisions, ultimately deciding that the parental consent requirement did not impose an undue burden, while the spousal notification requirement was unconstitutional due to its invasive nature.

Incorrect. The Court did not merely use a balancing test; it applied the "undue burden" framework to both provisions.

Q.3 - Justice Scalia's dissent in Planned Parenthood v. Casey reflects a broader critique of judicial interpretation of the Constitution regarding unenumerated rights. What was the central constitutional argument he advanced, and how did it contrast with the majority's reliance on substantive due process principles?

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(A) Justice Scalia argued that Roe v. Wade should never have been decided under substantive due process principles, as abortion is not a right deeply rooted in the nation’s history and traditions, and thus should be left to state legislatures under the Tenth Amendment.

Correct! Justice Scalia’s central argument was that abortion is not a constitutionally protected right under the Fourteenth Amendment, as it is not deeply rooted in American history, and thus the regulation of abortion should be left to state legislatures, with no constitutional protection.

(B) Justice Scalia contended that the undue burden standard misapplied the principles of due process, effectively expanding judicially recognized rights beyond those explicitly enumerated, and that the Constitution does not permit such expansion.

Incorrect. Justice Scalia did not criticize the "undue burden" standard for its application but for the Court's reliance on substantive due process to extend abortion rights.

(C) Justice Scalia rejected the Court's reliance on the Fourteenth Amendment’s Due Process Clause altogether, advocating for a textualist approach that would defer to state legislatures on all matters of abortion regulation, regardless of constitutional interpretation.

Incorrect. Scalia did not completely reject due process, but he objected to its use to create new, unenumerated rights like abortion.

(D) Justice Scalia expressed concern that Roe was not sufficiently protective of individual autonomy, arguing instead for a more expansive view of abortion rights under the Ninth Amendment.

Incorrect. Scalia did not advocate for a broader interpretation of abortion rights under the Ninth Amendment but instead focused on the Tenth Amendment and state regulation.

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Planned Parenthood of Southeastern Pennsylvania v. Casey

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