Planned Parenthood v. Casey: Undue Burden Standard Explained

📚 Planned Parenthood v. Casey: Understanding Undue Burden

Planned Parenthood v. Casey (1992) is a landmark Supreme Court case that reaffirmed the right to abortion established in Roe v. Wade (1973), but it also introduced a new standard for evaluating state regulations on abortion: the "undue burden" standard.

🎯 Objectives

• ⚖️ Define the "undue burden" standard.
• 📜 Explain the key facts and legal questions in Planned Parenthood v. Casey.
• 🏛️ Analyze the Supreme Court's decision and its impact on abortion rights.

🧰 Materials

• 📄 Excerpts from the Supreme Court's decision in Planned Parenthood v. Casey.
• 📰 News articles and commentary on the case.
• 💻 Internet access for research.

🧠 Warm-up (5 minutes)

Ask students to briefly discuss Roe v. Wade and its significance. What were the key arguments in that case?

🏛️ Main Instruction

📜 Background on Roe v. Wade

• 🕰️ Briefly review the 1973 Roe v. Wade decision, which established a woman's fundamental right to an abortion based on the right to privacy under the Fourteenth Amendment.
• 🗺️ Explain the trimester framework established in Roe, where state regulations on abortion become more permissible as the pregnancy progresses.

📖 Facts of Planned Parenthood v. Casey

• 📍 Pennsylvania enacted several restrictions on abortion, including:
  • 👰 A 24-hour waiting period.
  • 👨‍👩‍👧‍👦 Parental consent for minors.
  • 🤰 Spousal notification.
• 🏛️ Planned Parenthood challenged these restrictions, arguing they violated the right to abortion established in Roe.

⚖️ The "Undue Burden" Standard Defined

• 🔑 The Court replaced the trimester framework with the "undue burden" standard.
• 📝 An undue burden exists if a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.
• 🔎 The Court upheld the 24-hour waiting period and parental consent requirements but struck down the spousal notification requirement, finding it created an undue burden.

📝 Applying the Standard

• 💡 Explain that regulations are evaluated based on their practical impact on a woman's ability to obtain an abortion.
• 🧭 Some regulations might be permissible if they do not present a substantial obstacle, while others might be unconstitutional if they effectively prevent a woman from exercising her right.

💬 Discussion

• 🗣️ How does the "undue burden" standard differ from the trimester framework in Roe v. Wade?
• 🤔 What types of regulations might be considered an undue burden?
• 🌍 How has the "undue burden" standard shaped the legal landscape of abortion rights in the United States?

📝 Assessment

Multiple Choice Questions

1. The "undue burden" standard was established in which Supreme Court case?
   • A) Roe v. Wade
   • B) Planned Parenthood v. Casey
   • C) Griswold v. Connecticut
   • D) Webster v. Reproductive Health Services
2. According to the "undue burden" standard, a state regulation on abortion is unconstitutional if it:
   • A) Is popular with the public
   • B) Has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion before viability
   • C) Is supported by medical professionals
   • D) Is similar to regulations in other states
3. Which of the following regulations was struck down by the Supreme Court in Planned Parenthood v. Casey?
   • A) A 24-hour waiting period
   • B) Parental consent for minors
   • C) Spousal notification
   • D) Mandatory counseling

Short Answer Questions

1. Briefly describe the key facts of the Planned Parenthood v. Casey case.
2. Explain the difference between the trimester framework established in Roe v. Wade and the "undue burden" standard.
3. What is the significance of the "viability" standard in the context of abortion rights?
4. How has the "undue burden" standard impacted state regulations on abortion since Planned Parenthood v. Casey? Provide examples of regulations that have been challenged under this standard.

Essay Question

1. "The 'undue burden' standard strikes a balance between a woman's right to choose and the state's interest in protecting potential life." To what extent do you agree with this statement? Support your argument with references to the Planned Parenthood v. Casey decision and subsequent legal developments.