Planned Parenthood v. Casey: A Summary for AP US Government

📚 Lesson Plan: Planned Parenthood v. Casey for AP US Government

🎯 Learning Objectives

• ⚖️ Students will identify the key constitutional questions raised in *Planned Parenthood v. Casey*.
• 📜 Students will explain the Supreme Court's majority opinion, including the "undue burden" standard.
• 🏛️ Students will analyze the impact of the ruling on abortion rights and state regulations.
• 🧠 Students will connect the case to broader themes of judicial precedent and federalism.

🛠️ Essential Materials

• 📄 Handout: Case Summary of *Planned Parenthood v. Casey*.
• 🖊️ Pen/Pencil and notebook for notes.
• 💻 Projector or whiteboard for key terms and discussion points.
• ❓ Optional: Access to the full Supreme Court opinion excerpts.

⏱️ Warm-up Activity (5 minutes)

• 💭 Ask students: "What do you remember about *Roe v. Wade* and the right to privacy?"
• 🤔 Facilitate a brief class discussion to activate prior knowledge.

📝 Main Instruction: Case Analysis

🌍 I. Case Background & Precedent

• 📅 Context: The 1992 case *Planned Parenthood v. Casey* revisited the core principles established in *Roe v. Wade* (1973).
• ⚖️ Prior Ruling: *Roe v. Wade* established a woman's constitutional right to an abortion, based on the right to privacy under the Due Process Clause of the Fourteenth Amendment, creating a trimester framework.
• 📍 Pennsylvania Law: Pennsylvania enacted several restrictions on abortion, including a 24-hour waiting period, spousal notification, and parental consent for minors.

❓ II. Constitutional Question

• ❓ Core Issue: Can a state require women who want an abortion to wait 24 hours, obtain informed consent, and, if married, notify their husbands, without violating their right to abortion as established in *Roe v. Wade*?

📜 III. The Supreme Court's Decision

• ⚖️ Majority Opinion (5-4): The Court affirmed the "essential holding" of *Roe v. Wade* — that a woman has the right to an abortion before fetal viability.
• 🔄 Stare Decisis: The plurality (O'Connor, Kennedy, Souter) emphasized the principle of *stare decisis* (precedent) in upholding *Roe*'s core.
• 🚧 "Undue Burden" Standard: The Court introduced a new standard: states could not impose regulations that create an "undue burden" on a woman's right to an abortion. An "undue burden" is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
• ✅ Upheld Provisions: The Court upheld the 24-hour waiting period, parental consent for minors (with judicial bypass option), and informed consent requirements, finding they did *not* pose an undue burden.
• ❌ Struck Down Provision: The spousal notification requirement was struck down as it *did* constitute an undue burden.

📈 IV. Impact & Significance

• 📉 Weakened *Roe*: While affirming *Roe*'s core, *Casey* allowed states more leeway to regulate abortion, significantly weakening the original trimester framework.
• 🧩 New Standard: The "undue burden" standard became the new legal test for abortion restrictions, leading to a proliferation of state laws.
• 🌊 Ongoing Debate: The decision fueled ongoing legal and political battles over abortion access in the United States.

✅ Assessment & Practice

• ✍️ Short Answer Question: Explain how *Planned Parenthood v. Casey* both affirmed and limited the precedent set by *Roe v. Wade*.
• 📊 Multiple Choice: Which of the following provisions from the Pennsylvania law was struck down by the Supreme Court in *Planned Parenthood v. Casey*?
  • 🅰️ A. 24-hour waiting period
  • 🅱️ B. Parental consent for minors
  • ©️ C. Spousal notification
  • ↩️ D. Informed consent
• 💡 Discussion Prompt: In what ways did the "undue burden" standard change the landscape of abortion rights in the U.S.?