In 1992, the Supreme Court ruling on Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), forever changed the face of abortion law throughout the United States. The case has been touted as one of the most important and influential decisions made in the history of the Supreme Court. Its verdict tested the boundaries of the right to choose, and established clear precedent that each state cannot impose overly strict regulations regarding abortions happening within its boundaries.
Understanding the Difficulties With Roe v. Wade
The issue at stake boiled down to the constitutionality of Pennsylvania’s Abortion Legal Control Act. This Act aimed to place strict restrictions on abortions, including a mandatory informed consent document to be signed and a 24-hour waiting period. This constituted a stark change in stance from the 1973 Roe v. Wade decision, which articulated the right to privacy and the subsequent idea that the choice of whether or not to terminate a pregnancy should be a personal one.
Chemical Abortion and ‘Undue Burden’
The decision of the Court was largely split 5-4, with Justice O’Connor suggesting that while the changes to the Act were constitutional, it resulted in an “undue burden” to women’s rights. This judgment was a landmark decision in that it extended the right of privacy beyond the confines of physical abortion, and into the realm of chemical abortion as well. This represented a greater recognition of a woman’s agency, and allowed abortion to remain a constitutional right.
The Significance of Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
The decision in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) has since been a driving force in the regulation of abortion laws throughout the United States. It has established the phrase “undue burden” as the primary marker in determining if a state is infringing on women’s right to choose. It has also opened the door to greater recognition of women’s rights and autonomy, while highlighting the importance of the right of privacy.
In Dobbs v. Jackson Women’s Health Organization (2022), however, the Supreme Court overturned both Roe and Casey.