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Law Case Study

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Submitted By kid3789
Words 2070
Pages 9
PHC6420
Spring 2013
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Summary of Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).

In 1973 Roe v. Wade created a political and legal uproar on issue of abortion. Under due process clause of the 14th Amendment, which declares that “no State shall deprive any person of life, liberty or property without due process of law”. This due process of law has not been completely understood though court has spent years of defining redefining each component of due process clause. Women’s decision to have abortion before viability of fetus and to obtain it without interference from State .Interest of State to protect prenatal life and create hurdles for Women’s right to choose the procedure though few exceptions were considered where life of women and fetus after viability was in danger. This was challenged that states involvement in whole pregnancy process was not right and therefore court ordered involvement of state limited to trimester of pregnancy. This was argued too and later courts rejected trimester involvement and supported the fact that women has right to terminate abortion till fetus is viable The exact definition of viability became big controversy and this prompted a debate in entire nation and is still going on even today whether abortion should be legalized, who should decide the legality of the abortions, how much should be the state involved, what are the moral and ethical views regarding this issue. This controversy divided nation into pro-choice and pro-life debate.
Many states openly resisted the Roe v. wade and passed new law that prohibited abortions. Pennsylvania created procedural hurdles for women seeking abortions. Pennsylvania Abortion Control Act requires a woman seeking an abortion must give informed consent. She must be provided 24 hour wait period before abortion .During this time she should be counseled and given

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