Planned Parenthood Vs Casey Pros And Cons

The Constitution is one of the most important document of the United States of America along with the Declaration of Independence. In the Constitution, the founding fathers and the government also included a set of "rights" entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a "free" country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone 's belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each of them are of equal importance to balance the power between the

In the Constitution, the Supreme Court is the overriding law of the land. The Supreme Court can overrule the decisions made by the likes of a state or appeals court. The Constitution is clear in its attempts to unify the nation and strengthen the federal government, all while maintaining the freedoms of the states and the feeling of equality. Though the Constitution is written in a vague way, leaving it to be open for interpretation and allowing it to conform with the changes that time brings to society. But because of the uncertainty of the document, it has often been misinterpreted, or has caused a wide array of viewpoints of a certain issues. The most memorable example being that of the Civil War, but today it is even more prevalent when we try to relate modern day issues to the ambiguous instructions left to us by our forefathers.

However, everything that was ruled by Supreme Court in the Roe v. Wade case was contradicted, In1992, the Supreme court case “...Planned Parenthood V. Casey that said an abortion regulation was unconstitutional if it had 'the purpose or effect of placing a substantial obstacle in the path of woman seeking an abortion of a nonviable fetus.'” (Levy). This court ruled that the states had the right to restrict a woman's right to an abortion and prohibit public funding for the poor women that can not afford an abortion.

In the case of Planned Parenthood v. Casey, Casey fought against the state of Pennsylvania Pennsylvania Abortion Control act. The restrictions required the woman to give a written informed consent, seek parental consent if she was a minor, and notify her husband if she married. With the same violation of the fourteenth amendment as the Roe v. Wade case, the courts saw favour to Casey. While the majority of the restrictions were supported by the courts, the requirement of the husband’s notification was not. The result of this case added support of the decision of Roe

In the 1973 Supreme Court case Roe v. Wade a pregnant women, Norma McCorvey (also known as “Jane Roe”) seeked to end her pregnancy. Through the fight of the court, it was declared that most state anti-abortion laws were unconstitutional. However, many rules were set into place. In the first trimester of pregnancy (0-12 weeks), states could not interfere with any abortion. During the second semester (13-28 weeks) states could allow a regulated abortion in ways that are related to mental health or even a proscribed abortion. Within the third trimester (29-40 weeks) a women can only get an abortion if it is to preserve the health or life of the mother. Alongside Roe v. Wade, in the 1992 case Planned Parenthood of Southeastern PA v. Casey, the court ruled that a state could require a woman seeking an abortion to give informed consent and to wait 24 hours and in the case of a minor they need to obtain parental consent (Ayers). Throughout abortions long history of pro-choice and pro-life, modern society needs to be fully educated on the topic so they can see how terrible pro-choice is.

The landmark "Roe v. Wade" ruling began an era of nationally sanctioned abortion rights and a new wave of controversy (History). The controversy often took shape as court cases aimed at reversal. Two pivotal cases were: The Planned Parenthood of Central Missouri v. Danforth and the Supreme Court declares a statute that requires parental and spousal consent for abortions unconstitutional.

• Spousal Notice – This provision did not hold up in court because the spousal notice was deemed unconstitutional in the case of Planned Parenthood v Casey (1992) (Casebriefs, n.d., Pennsylvania General Assembly, 1982).

Planned parenthood V Casey: An abortion law required informed consent as well as a 24 hour waiting period prior to any abortion procedure in Pennsylvania. Any married woman had to state that her husband was in fact knowledgeable of this intention. Additionally, any minor seeking an abortion requires the consent of a parent. These laws were challenged by many clinics specializing in abortion, as well as many doctors. An appellate court upheld all of these stipulations with the exclusion of the married woman.

Examining the View that the Supreme Court is an Effective Protector of Civil Liberties In 1789, the founders of the Constitution set out the power of the Supreme Court in Article III section 2, and, arguably, in the Supremacy clause in Article 6. These clauses gave the Supreme Court the power to protect the Constitution, and by doing so, the power to protect civil liberties. The strength of the Supreme Court is essential in protecting civil liberties that are protected by the Constitution. The Supreme Court has also increased its power through court cases and through judicial revolutions.

Today many topics cause controversy and division. As we go about our daily lives, somewhere someone is debating an issue of importance. Many of these debated topics are the result of previous political and judicial decisions. The Planned Parenthood v. Casey case was major in history and today remains the center of many political debates. This case had an impact on women in the United States and continues to cause a divide to this very day. Many women felt like the government was trying to take their right of privacy and choice. This specific case caused anger and continues to draw many emotions throughout the world. Planned Parenthood v. Casey of 1992 was argued because the ruling of banning abortion in the Roe v. Wade case. Abortion is a controversial topic. Many view it is a personal issue; women should have the right to their own privacy pertaining to their health.

Roe v. Wade was a decision made by United States Supreme Court regarding abortion in 1973. It was, and still is, one of the most controversial decisions the Supreme Court has ever made. Abortion is defined “the ending of pregnancy by removing a fetus or embryo before it can survive outside the uterus”. The appellant was a single, pregnant woman from Texas who wished to get an abortion. Prior to the court’s decision, abortion was illegal under Texas state law except in cases where the abortion would save the pregnant woman’s life. The appellee was Henry Wade, a lawyer defending the Texas state law. The court ruled on the side of Roe, with a 7-2 decision. The Supreme Court “ruled that the Texas statute violated Jane Roe's constitutional right to privacy”, and argued that the “Constitution's First, Fourth, Ninth, and Fourteenth Amendments protect an

provisions of the Pennsylvania Abortion Control Act of 1982 were being challenged as unconstitutional under another case, Roe vs. Wade. Roe Vs. Wade was the case that first recognized a constitutional right to abortion a legal liberty under a clause in the Fourteen Amendment. The five provisions being challenged were the "informed consent" rule, the "spousal notification" requirement, the "parental consent" rule, a 24-hour waiting period, and imposition of certain reporting requirements on abortion facilities. The "informed consent" rule required that all doctors are to provide women with information about the

FACTS: in 1973 with the passing of Roe v. Wade, women were guaranteed, under a right to privacy in which the woman has the right to choose whether or not to get an abortion, however, this right was not confirmed to be absolute. Nearly 20 years later, in the case of Planned Parenthood v. Casey, the “central holdings” of Roe v. Wade were reaffirmed, by providing limits in which federal and state governments can regulate abortion. Unfortunately, conflict arose between Casey and Roe, when trying to ensure the woman still has a right to choose, which lead to allowing a prohibition of late-term abortions, unless the health of the mother was at stake. Next, in 2000, the case of Stenberg v. Carhart forced the court to consider a Nebraska state law that was passed banning late-term abortions and whether the statute was unconstitutional, which it was found to be, because the statute did not include an exception for the health of the mother and that the language used was so broad that it burdened a woman’s right to choose. Then, in 2007, the case of Gonzales v. Carhart raised the issue once again on a federal law that had been passed, the Partial-Birth Ban Act of 2003. The lower courts claimed it to be unconstitutional because of the lack of exception for the health of the mother. This Act however, was found to be constitutional and The Supreme Court decided to look once again at the precedent, under stare decisis

In 1992, Roe v. Wade was upheld in Casey v. Planned Parenthood. However, the Supreme Court had become significantly more conservative in that time, and this ruling favored the states‘ rights to establish tighter abortion restrictions. In Pennsylvania, women were only permitted first trimester abortions if they had been given information about the fetus’s gestational state and the dangers of having the procedure. A married women was also required to inform her husband prior to having the abortion, and minors had to seek approval from at least one parent unless given a legal bypass. On top of these restrictions, there was also a mandatory 24-hour waiting period (McBride, “Casey v. Planned Parenthood”).

The Supreme Court’s largest responsibility rests in its power of judicial review. The Supreme Court has the final say in all legal matters concerning the Constitution. The Supreme Court has the authority “to invalidate legislation or executive actions which, in the Court 's considered judgment, conflict with the Constitution” (The Court and Constitutional Interpretation n.p.). This means that anything passed by Congress, or mandated by the President can be struck down if the Court deems it unconstitutional. The Court can also strike down laws made by local and state governments if they violate the Constitution ("The Role of the Supreme Court” n.p.). Judicial review has been important in making sure that a citizen’s individual rights, stated in the Bill of Rights, are protected. There is no express consent written in the Constitution to grant the Court the power of judicial review. The idea of it, however, was around before the Constitution was written. Before the formal establishment of the Court in 1789, state courts had exercised it by overturning several laws passed by their legislatures that conflicted with their state constitutions (The Court and Constitutional Interpretation n.p.). It was not until the 1803 Supreme