Roe vs. Wade (1973)
In this landmark case, the court ruled 7-2 that states could abridge a womans constitutional right to an abortion only after the first six months of pregnancy. The court established the following points:
|
The right to privacy includes the right to an abortion
|
Doe vs. Bolton (1973)
This companion ruling to Roe vs. Wade established what has become known as the health exception. In a 7-2 ruling the court held that a woman has a constitutional right to an abortion after six months if her doctor finds it necessary for her physical or mental health. The doctor could consider the patients age, physical, emotional, psychological and familial circumstances.
|
Planned Parenthood vs. Casey (1992)
In a 5-4 ruling the justices overturned Roe's trimester framework and its strict scrutiny standard. They replaced strict scrutiny with undue burden, giving states more autonomy in legislating abortion while preserving Roe's guarantee of general access.
The Court also endorsed a 24-hour waiting period; informed consent requirement; parental consent provision for minors and a recordkeeping requirement. The Court struck down a spousal notice requirement requested by the state of Pennsylvania, where the case originated.
|