📚 Introduction: Planned Parenthood v. Casey
Planned Parenthood v. Casey (1992) was a landmark Supreme Court decision that reaffirmed the right to abortion established in Roe v. Wade (1973), but it also introduced a new standard for evaluating abortion restrictions: the “undue burden” standard.
🎯 Learning Objectives
- 🏛️ Understand the historical context leading to Planned Parenthood v. Casey.
- ⚖️ Explain the “undue burden” standard and its implications.
- 📜 Analyze the long-term effects of the decision on abortion legislation in the United States.
- 🗣️ Discuss the ongoing debates surrounding abortion access.
🧰 Materials
- 📰 Primary source documents: Supreme Court decision of Planned Parenthood v. Casey
- 🗺️ Maps illustrating state abortion laws before and after Casey.
- 📊 Charts showing abortion rates and access over time.
🚀 Warm-up Activity (5 minutes)
Briefly review Roe v. Wade. Ask students: What were the key arguments in Roe v. Wade, and what did the decision establish?
👩🏫 Main Instruction
📜 Background to the Case
- 🗓️ Discuss the political and social climate in the U.S. leading up to 1992.
- 🔍 Explain the specific provisions of the Pennsylvania law challenged in Casey, including the 24-hour waiting period, parental consent requirement, and spousal notification requirement.
⚖️ The “Undue Burden” Standard
- 📖 Define “undue burden” as a substantial obstacle in the path of a woman seeking an abortion before fetal viability.
- 📝 Analyze how the Court applied this standard to the Pennsylvania provisions. The Court upheld the 24-hour waiting period and parental consent requirement but struck down the spousal notification requirement.
📈 Long-Term Effects on Abortion Legislation
- 🗺️ Discuss how Casey allowed states to enact more regulations on abortion as long as they did not create an undue burden.
- 📊 Analyze the increase in state-level abortion restrictions after Casey, such as mandatory counseling, ultrasound requirements, and restrictions on abortion providers.
- 🏛️ Examine legal challenges to these restrictions and how courts have applied the “undue burden” standard in subsequent cases.
🗣️ Ongoing Debates and Current Landscape
- 📰 Discuss recent Supreme Court decisions, such as Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey.
- 🌍 Analyze the current state of abortion access in different states, including states with near-total bans and states with broad protections.
- 💡 Discuss the potential future of abortion legislation and the ongoing political and legal battles surrounding reproductive rights.
📝 Assessment
📜 Essay Question:
Analyze the impact of Planned Parenthood v. Casey on abortion legislation in the United States. How did the “undue burden” standard shape abortion access, and what are the implications of the decision for the future of reproductive rights?
🤔 Critical Thinking Questions:
- ❓How did Planned Parenthood v. Casey balance the interests of the state and the rights of the individual?
- 🏛️ What are the potential consequences of allowing states to enact more regulations on abortion?
- 📰 How have recent Supreme Court decisions impacted the legal landscape of abortion access?