More on abortion and the due process clause

Key decisions after Roe, in addition to those discussed in Casey:

• viability is a medical concept, not tied to calendar (Danforth, 1976)
• requirement of specified viability tests after 20^th week, subject to physician's professional judgment about usefulness and safety, valid (Webster (1989))
• informed consent requirement that physician provide specified information, found to be intended to discourage exercise of right, invalid (Akron, 1983)
• absolute third-party consent requirements (parents, spouse) invalid (Danforth, Bellotti (1979), Akron); parental consent valid for unemancipated minors with alternative for judicial determination of maturity (Ashcroft, 1983)
• qualified parental notice requirement valid (Matheson, 1981)
• invalid to prohibit abortion in otherwise qualified outpatient facility (Ashcroft)
• permissible to prohibit public funding (Beal and Maher 1977; Harris, 1980), use of public facilities (Poelker, 1977), even to prohibit publicly-funded professionals to counsel about abortion (Rust v. Sullivan, 1991)

 

• What regulations are being challenged, and what is their purpose?
• informed consent, including 24-hour waiting period, including availability of advocacy materials
• parental informed consent, with judicial bypass, for minors
• spousal notice for married women
• "medical emergency" exception for all these requirements
• reporting requirements for providers
• Is the judgment of the court inconsistent with Roe v. Wade?
• How does Roe compare with other major doctrines that the Court has overruled?
• National League of Cities/Garcia
• Lochner/West Coast Hotel
• Plessy/Brown
• In what respect(s) is the "trimester analysis" of Roe abandoned here?
• Is viability still a flexible medical concept?
• Is the end of first trimester still relevant to state's interest in life of fetus?
• Does the state have a legitimate interest in discouraging a woman from exercising her right to have an abortion? A "compelling" one?
• What limits does the Court place on the state's advocacy against abortion?
• What is the significance of the Court's inability to muster a clear majority on the various issues relating to abortion?