Did Planned Parenthood v Casey overturn Roe v Wade?

Answer 1

No, the Court reaffirmed Roe but rejected the rigid Trimester Rule outlined in that decision, and allowed certain minor regulations the Commonwealth of Pennsylvania imposed on women seeking abortions and the facilities that provided them.

In Planned Parenthood v. Casey, (1992) the Supreme Court upheld as constitutional many of the provisions of Pennsylvania Abortion Control Act of 1982, which set the following restrictions:

1. Required that a woman seeking an abortion give her informed consent prior to the procedure; (upheld)
2. Specified that she be provided with certain information at least 24 hours before the abortion is performed; (overturned)
3. Mandated the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; (upheld)
4. Commanded that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband; (overturned)
5. Defined a "medical emergency" that will excuse compliance with the foregoing requirements; (upheld)
6. Imposed certain reporting requirements on facilities providing abortion services. (upheld)

Of the six rules, the Supreme Court held the state had a legitimate interest in ensuring an adult woman gave informed consent; a minor had consent from at least one parent or the courts; was able to define a "medical emergency" that would allow a facility to bypass the law; and impose reporting requirements on facilities providing abortions.

The court overturned as creating an undue burden and serving no legitimate purpose to the state government the requirement that a woman wait 24 hours after counseling before undergoing an abortion procedure and that she inform her husband prior to the procedure (or at all).

While the Court did agree to overturn unregulated access to abortions established in Roe, the new ruling imposed very little burden on the woman, and specifically excluded regulations that would delay or prevent women from obtaining abortions as protected under the doctrine of stare decisis.

Case Citation:

Planned Parenthood v. Casey, 505 U.S. 833 (1992)