Planned Parenthood v. Casey

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In Planned Parenthood v. Casey, 505 U.S. 833 (1992), a divided U.S. Supreme Court upheld Roe v. Wade, holding that States may regulate abortion only so long as the regulation does not place "undue burden on a woman's constitutional right to decide to terminate a pregnancy."[1]

The Pennsylvania law that required a woman to obtain her husband’s consent before having an abortion was declared invalid under the Fourteenth Amendment because its creation of “undue burden” on married women who sought an abortion. However, the requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid and were kept in place.

Four conservative Justices dissented, and Justice Anthony Kennedy (along with Justice Sandra Day O'Connor) surprised conservatives by joining the liberal wing of the Court to give them a majority in this decision. Both Justices Kennedy and O'Connor had been appointed by President Ronald Reagan.

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