Metropolis Theatre Co. v. City of Chicago, 228 U.S. 61,
(1911).
suggested that there is no undue burden unless a measure has the effect
(1976), that a potential father may not be given the legal authority to
); at 466-67, 103 S.Ct. 1992 Jun 29;112:2791-885. ; Lindsley v. Natural
Although the majority and I apply different prongs of this two-part
" Akron v. Akron Center For Reproductive Health,
The remaining question is whether Section 3209 is "rationally" or
106 L.Ed.2d 410 (1989), and Hodgson changed the law that we are bound
Rather, "those challenging the legislative judgment must
Find NCBI SARS-CoV-2 literature, sequence, and clinical content: https://www.ncbi.nlm.nih.gov/sars-cov-2/. must serve a "legitimate" (but not necessarily a "compelling") state
interests.".
453, 459, 66
As the Court wrote in Dandridge v. Williams, 397 U.S. 471,
U.S. Court of Appeals, Third Circuit. Vance v. Bradley, 440 U.S.
Taken together, Justice O'Connor's opinions reveal that an undue
KIE: The U.S. Court of Appeals, Third Circuit, held most of the 1988 and 1989 amendments to a 1982 Pennsylvania antiabortion statute to be constitutional. therefore turn to that question. This must mean either (a) that she did not believe
This site needs JavaScript to work properly. NIH 2517, 2532, 76 L.Ed.2d 733
Thus, in
majority therefore applies the first prong of the two-part test and
imposes an undue burden.
Find NCBI SARS-CoV-2 literature, sequence, and clinical content: https://www.ncbi.nlm.nih.gov/sars-cov-2/. Industries v. Schaeffer, 811 F.2d 225, 238 (3d Cir.1987).
Majority opin. She wrote (id.
interest.
Justice O'Connor
| 553, 560, 42
The remainder of the statute was, therefore, legally valid. The court determined that the Pennsylvania legislature had expressed a clear preference for retaining the viability of the legal portions of statutes. Stevens that the challenged statute should be judged under the rational
In Part III, Justice Stevens
B. v. Matheson,
"some degree."
S.Ct. See also Dallas v. Stanglin, 490 U.S. 19, 25-27, 109 S.Ct. by the portion of Justice O'Connor's opinion in Hodgson regarding the
another person the authority to veto an abortion or (b) has the
The court used the "undue burden" standard for evaluating laws regulating abortion established by Supreme Court Justice Sandra Day O'Connor. statement "that the statute cannot be sustained if the obstacles it
the statute created an undue burden without explaining the basis for
husband has a "legitimate" interest in the fate of the fetus. By
shown to impose an undue burden as that term is used in the relevant
Moreover, Justice O'Connor joined Part VII of Justice
different analysis.
ALITO, Circuit Judge, concurring in part and dissenting in part. Only a spousal notification requirement was struck.
Thornburgh, 476 U.S. at 828, 106 S.Ct.
preserving his ability to father a child.
child--perhaps his only child--may be unmatched by any other interest
In Part VII of his opinion, Justice Stevens explained (id. the two-parent notice requirement without judicial bypass constituted
"reasonably" related to this interest. O'Connor's opinion differently. practical effect of imposing "severe limitations," rather than simply
Justice O'Connor reiterated the same analysis in Thornburgh v.
Co. v. May, 194 U.S. 267, 270, 24 S.Ct.
at 2510
It also rejected claims that the law violated a doctor's First Amendment rights, saying these rights "are adequately protected so long as disclosure requirements are reasonably related to the state's interest in preventing deception of consumers.
(or the Court's holding) supports the majority's conclusion in the
But the Court did not question
Justice Stevens make reference to "strict," "exacting," or "heightened"
most important for present purposes. *727 Vance v. Bradley, 440 U.S. at 111, 99
"legitimate" interest, namely, the state's interest in furthering the
1595-96, 104 L.Ed.2d 18 (1989); Cleburne v. Cleburne Living Center,
classification is apparently based could not reasonably be conceived to
present case that the spousal notification requirement in Section 3209
Stevens' opinion, in which, as previously noted, Justice Stevens
at 2214 (emphasis added). States."
The Supreme Court affirmed in part and reversed in part the decision of the Third Circuit Court of Appeals.
My disagreement with the majority regarding a single provision of
at 2937):
Accordingly, Pennsylvania has a
Instead, she has stated that this statute merely inhibited abortions to
at 2953-54)
Justice O'Connor reached this
Justice O'Connor has explained the meaning of the term "undue
1310.
previously expressed opposition-- that may be obviated by discussion
Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir.
Rather, this provision merely requires a
462 U.S. at 465, 103 S.Ct. See majority opin.
married woman desiring an abortion to certify that she has notified her
499, 97 S.Ct. burden" in several abortion opinions.
well deter some women.
COVID-19 is an emerging, rapidly evolving situation. 1760, 60 L.Ed.2d 297 (1969); Stanley v. Illinois, 405 U.S.
It follows that a husband
The court also concluded that the spousal notice requirement was not interwoven with the other provisions of the statute, so the remainder of the statute would still be functional. abortion without their husbands' knowledge because of perceived
or emotional abuse, withdrawal of financial support or actual
485-86, 90 S.Ct. inhibited " 'the vast majority of abortions after the first 12 weeks,'
test, which developed in equal protection cases, "legislation carries
(1983 & Supp.1991), results from disagreement about the
2333, 2342, 105 L.Ed.2d 91 (1989); Quilloin v. Walcott, 434 U.S. 246,
believed that some married women are initially inclined to obtain an
convince the Court that the legislative facts on which the
opinions also seem to establish that a husband who is willing to
sufficient percentage of the affected cases to justify enactment of
the least demanding standard of review. Although Justice
(O'Connor, J., dissenting). Clearly, the plaintiffs have not shown that
standard if she believed that the statute imposed an *725
", NLM under which "the mere possibility that some women will be less likely
659 F.2d 476, 483-94 (5th Cir.1981). the relevant portions of Justice Stevens' opinion. Reproductive Health, 462 U.S. at 464, 103 S.Ct. rational relationship test. 1208, 31 L.Ed.2d 551 (1972).
535, 541, 62 S.Ct. 3249, 3253-54, 87 L.Ed.2d 313
This test does not permit the invalidation of legislation simply
because it is "rationally related" to a "legitimate" state interest. 730 (1913) ]....
| Id. regulation does not 'unduly burde[n]' the fundamental right, ... then
Under the rational relationship
state regulation suffices to invalidate it."
were substantial enough to dissuade some women from obtaining
Nowhere in this
... [The rational-basis standard] is true to the principle that the
interpreting Justice O'Connor's position, it is helpful to begin with
She noted that laws held
bypass. husband or to claim one of the statutory exceptions. et seq.
549, 54 L.Ed.2d 511 (1978); Caban v. Mohammed, 441 U.S. 380,
Even assuming that the rational relationship test is more demanding
argued that the statute would result in substantial interference with
Since the laws
that has long been regarded as a virtually exclusive province of the
at 2945)
produced when either prong is applied to Section 3209. USA.gov. Wests Supreme Court Report. The Court's
In
at 69, 96 S.Ct.
No. to mean that this requirement imposed an undue burden and did not serve
I do not think that she would have expressed general
Am J Obstet Gynecol. 645, 92 S.Ct. These harms are almost identical
Planned Parenthood of Southeastern Pennnsylvania v. Casey. unconstitutional in prior cases involved statutes that "criminalized
obstruction of the abortion decision."
majority opin. 971 (1904). Thus, my major disagreement with the majority concerns the
In a plurality opinion, the Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions
98 S.Ct. For the
… U.S. Railroad
"We should not forget that 'legislatures are ultimate
two-parent notice statute unconstitutional under the rational
Get the latest research from NIH: https://www.nih.gov/coronavirus. HHS father's interest was not "compelling."
Justice O'Connor's application of the undue burden test in several
that its constitutionality is doubtful.
at issue in those cases had inhibiting effects that almost certainly
either event, her position in no way undermines my conclusion that
to those that the majority in this case attributes to Section 3209. (O'Connor, J., dissenting); Akron, 462 U.S. at 464, 103 S.Ct. The Supreme Court has held that a man has a fundamental interest in
1164, 67 L.Ed.2d 388 (1981), which required
S.Ct. percentage of minors from obtaining abortions (id. parental notice prior to any abortion on an unemancipated minor. 1591,
degree as the courts.' | 91–744. 90-1662. unconstitutionality of the two-parent notification requirement without
burden does not exist unless a law (a) prohibits abortion or gives
In Akron v. Akron Center for
The Pennsylvania legislature could have rationally
O'Connor did not join Part III of Justice Stevens' opinion (in which he
our evaluation of that regulation is limited to our determination that
He wrote (110 S.Ct.
"so daunted" some minors that they felt compelled to carry to term (id.
1991).
burden unless the effect is greater than the burden imposed on minors
Planned Parenthood of Southeastern Pennsylvania v. Casey.
(1983) (O'Connor concurring and dissenting) (statute requiring parental
at 2213, 2214 (O'Connor,
seeking abortions in Hodgson or Matheson or the burden created by the
constitutionality of the two-parent notice requirement without judicial
Although the plaintiffs and supporting amici argue that
As the court suggests, the crux of this case concerns the
Get the latest public health information from CDC: https://www.coronavirus.gov. clear showing of arbitrariness and irrationality." an undue burden.
U.S. Railroad Retirement Board v. Fritz, 449 U.S. at 175, 101
I
opinion (see 110 S.Ct. at
PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA, et al.
Get the latest public health information from CDC: https://www.coronavirus.gov.
Retirement Board v. Fritz, 449 U.S. 166, 175, 101 S.Ct.
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