Considers the idea of personhood through the lens of Planned Parenthood vs. Casey. Quotes Supreme Court's mystery of life phrase. Family, parenthood and bodily integrity are fundamental rights under American Jurisprudence.

1. Constitutional Personhood
PSC 381 Bill of Rights

2. Facts: The Pennsylvania legislature amended its abortion control law
in 1988 and 1989. Among the new provisions, the 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 (the
law allows for a 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.
Planned Parenthood v. Casey

3. Lower Court Ruling: A federal appeals court upheld all the provisions
except for the husband notification requirement.
Planned Parenthood v. Casey

4. Issue: Can a state require women who want an abortion to obtain
informed consent, wait 24 hours, and, if minors, obtain parental
consent, without violating their right to abortions as guaranteed by
Roe v. Wade?
Planned Parenthood v. Casey

5. Holding: In a 5-to-4 decision, the Court again reaffirmed Roe, but it
upheld most of the Pennsylvania provisions. The justices imposed a
new standard to determine the validity of laws restricting abortions -
whether a state abortion regulation has the purpose or effect of
imposing an "undue burden," which is defined as a "substantial
obstacle in the path of a woman seeking an abortion before the fetus
attains viability." Under this standard, the only provision to fail the
undue-burden test was the husband notification requirement.
The opinion for the Court was unique: It was crafted and authored by
three justices.
Planned Parenthood v. Casey

6. At the heart of liberty is the right to define one’s own concept of
existence, of meaning, of the universe, and of the mystery of human
life. Beliefs about these matters could not define the attributes of
personhood were they formed under the compulsion of the state.
Mystery of Life

7. ● There are some rights that are so substantial that they cannot be
limited or taken with any amount of due process.
● The U.S. Constitution places limits on a State’s right to interfere
with a person’s most basic decisions about:
○ Family;
○ Parenthood; and
○ Bodily integrity.
● The underlying structure of Roe is unchanged, Planned
Parenthood v. Casey only accommodates technology and cultural
shifts since the 1970s.
○ Viability always the benchmark, newly defined.
Recap

8. ● Prior to viability of the fetus, the State has no interest.
● Once the fetus is viable, “the independent existence of the second
life can in reason and all fairness be the object of state protection
that now overrides the rights of the woman.”
● Trimester framework replaced by bimester framework (pre-
viability and post-viability).
● Laws and regulations can still meddle (interfere) with the health
of the pregnant woman provided that the meddling is “not a
substantial obstacle to the woman’s exercise of the right to
choose.”
Recap

9. Attributions:
Case Summaries
"Planned Parenthood of Southeastern Pennsylvania v. Casey." Oyez, https://www.oyez.org/cases/1991/91-744. Accessed 17 Apr.
2017.
Notes
Quoted material from Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992)
For additional information:
Brandon L. Blankenship
UAB | Department of Government
(205)912-8248 | blbjd@uab.edu
Attributions and Additional Information: