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''Planned Parenthood v. Casey'', 505 U.S. 833 (1992) was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion were challenged. The case was a turn from the Roe decision to instead reflecting the individual's choice in abortion as a responsibility to the community. Its aim was to make the woman's decision more thoughtful and thorough in theory. The Court's plurality opinion upheld the constitutional right to have an abortion while altering the standard for analyzing restrictions on that right. Applying its new standard of review, the Court upheld four regulations and invalidated one, the regulation of spousal notification. ==Background of the case== In ''Casey'', the plaintiffs challenged five provisions of the Pennsylvania Abortion Control Act of 1982 authored by Rep. Stephen F. Freind, arguing that the provisions were unconstitutional under ''Roe v. Wade.'' The Court in ''Roe'' was the first to establish abortion as a fundamental right protected by the Due Process Clause of the Fourteenth Amendment. The majority in ''Roe'' further held that women have a privacy interest protecting their right to abortion embedded in the liberty clause of the Fourteenth Amendment. The five provisions at issue in ''Casey'' are summarized below. * § 3205 Informed Consent. A woman seeking abortion had to give her informed consent prior to the procedure. The doctor had to provide her with specific information at least 24 hours before the procedure was to take place, including information about how the abortion could be detrimental to her health and about the availability of information about the fetus. * § 3209 Spousal Notice. A woman seeking abortion had to sign a statement stating that she had notified her husband prior to undergoing the procedure, unless certain exceptions applied. * § 3206 Parental Consent. Minors had to get the informed consent of at least one parent or guardian prior to the abortion procedure. Alternatively, minors could seek judicial bypass in lieu of consent. * § 3203 "Medical Emergency" definition. Defining a medical emergency as "()hat condition, which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function." * §§ 3207(b), 3214(a), and 3214(f) Reporting Requirements. Certain reporting and record keeping mandates were imposed on facilities providing abortion services. The case was a seminal one in the history of abortion decisions in the United States. It was the first case that provided an opportunity to overturn ''Roe'' since the two liberal Justices, William Brennan and Thurgood Marshall, were replaced with the Bush-appointed Justices David Souter and Clarence Thomas. Both were viewed as ostensible conservatives compared with their predecessors. This left the Court with eight Republican-appointed justices—six of whom had been appointed by Presidents Reagan or Bush, both of whom were well known for their opposition to Roe. Finally, the only remaining Democratic appointee—Justice Byron White—had been one of the two dissenters from the original ''Roe'' decision. At this point, only two of the Justices were obvious supporters of ''Roe v. Wade'': Blackmun, the author of ''Roe'', and Stevens, who had joined opinions specifically reaffirming ''Roe'' in ''City of Akron v. Akron Center for Reproductive Health'' and ''Thornburgh v. American College of Obstetricians and Gynecologists''. The case was argued by ACLU attorney Kathryn Kolbert for Planned Parenthood, with Linda J. Wharton serving as Co-Lead Counsel. Pennsylvania attorney general Ernie Preate argued the case for the State. Upon reaching the Supreme Court, the United States joined the case as ''amicus curiae'' and Solicitor General Ken Starr of the Bush Administration defended the Act in part by urging the Court to overturn ''Roe'' as having been wrongly decided. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Planned Parenthood v. Casey」の詳細全文を読む スポンサード リンク
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