Planned Parenthood v. Casey

At issue are five provisions of the Pennsylvania Abortion Control Act of 1982: section 3205, which requires that a woman seeking an abortion give her informed consent prior to the procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed; section 3206, which mandates the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; section 3209, which commands that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband; section 3203, which defines a "medical emergency" that will excuse compliance with the foregoing requirements; and sections 3207(b), 3214(a), and 3214(f), which impose certain reporting requirements on facilities providing abortion services.

To protect the central right recognized by Roe while at the same time accommodating the State's profound interest in potential life, the undue burden standard should be employed. An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability.

Fundamental Rights Under Due Process and Equal Protection | Constitutional Protection for Reproductive Autonomy