In 1982, the state of Pennsylvania enacted legislation that placed a number of restrictions on abortion. The law required the following: "informed consent" of the woman, the dissemination of information concerning the risks of abortion, reporting procedures, the use of certain medical techniques after viability, and the presence of a second physician for post-viability abortions. The initial suit was brought against Richard Thornburgh, the Governor of Pennsylvania.
Did the Pennsylvania requirements unconstitutionally interfere with the right to privacy?
In a 5-to-4 decision, the Court held that the Pennsylvania requirements "wholly subordinate[d] constitutional privacy interests and concerns with maternal health" and were attempts to deter women from making their own choices concerning abortion. The Court held that 1) the "informed consent" and printed materials provisions unduly intruded upon the priva cy of patients and physicians; 2) the reporting and viability determination provisions were designed to identify and deter women from having abortions through the threat of harassment; and 3) the post-viability care and second physician provisions unconstitutionally interfered with the health of the mother by increasing delays and medical risks.
Decisions
Decision: 5 votes for Amer. Coll. of Obst. & Gyn., 4 vote(s) against Legal provision: Due Process
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Full Opinion by Justice Harry A. Blackmun
