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Constitutional Law Keyed to Feldman
Planned Parenthood of Southeastern Pa. v. Casey
Facts
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.
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