planned parenthood southeastern casey argued april decided june together casey governor pennsylvania et al planned parenthood southeastern pennsylvania et also certiorari issue five provisions pennsylvania abortion control act requires woman seeking abortion give informed consent prior procedure specifies provided certain information least hours abortion performed mandates informed consent one parent minor obtain abortion provides judicial bypass procedure commands unless certain exceptions apply married woman seeking abortion must sign statement indicating notified husband defines medical emergency excuse compliance foregoing requirements impose certain reporting requirements facilities providing abortion services provisions took effect petitioners five abortion clinics physician representing class doctors provide abortion services brought suit seeking declaratory judgment provisions unconstitutional face well injunctive relief district held provisions unconstitutional permanently enjoined enforcement appeals affirmed part reversed part striking husband notification provision upholding others held judgment affirmed judgment affirmed part reversed part case remanded affirmed affirmed part reversed part remanded justice justice kennedy justice souter delivered opinion respect parts ii iii concluding consideration fundamental constitutional question resolved roe wade principles institutional integrity rule stare decisis require roe essential holding retained reaffirmed three parts recognition woman right choose abortion fetal viability obtain without undue interference state whose interests strong enough support abortion prohibition imposition substantial obstacles woman effective right elect procedure confirmation state power restrict abortions viability law contains exceptions pregnancies endangering woman life health principle state legitimate interests outset pregnancy protecting health woman life fetus may become child pp reexamination principles define woman rights state authority regarding abortions required doubt subsequent decisions cast upon meaning reach roe central holding fact chief justice overrule roe necessity state federal courts legislatures adequate guidance subject pp roe determined woman decision terminate pregnancy liberty protected state interference substantive component due process clause fourteenth amendment neither bill rights specific practices time fourteenth amendment adoption marks outer limits substantive sphere liberty rather adjudication substantive due process claims may require exercise reasoned judgment determining boundaries individual liberty demands organized society decisions afforded constitutional protection personal decisions relating marriage see loving virginia procreation skinner oklahoma ex rel williamson family relationships prince massachusetts child rearing education pierce society sisters contraception griswold connecticut recognized right individual free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child eisenstadt baird roe central holding properly invoked reasoning tradition precedents pp application doctrine stare decisis confirms roe essential holding reaffirmed reexamining holding judgment informed series prudential pragmatic considerations designed test consistency overruling holding ideal rule law gauge respective costs reaffirming overruling pp although roe engendered opposition sense proven unworkable representing simple limitation beyond state law unenforceable roe rule limitation state power repudiated without serious inequity people two decades economic social developments organized intimate relationships made choices define views places society reliance availability abortion event contraception fail ability women participate equally economic social life nation facilitated ability control reproductive lives constitution serves human values effect reliance roe exactly measured neither certain costs overruling roe people ordered thinking living around case dismissed pp evolution legal principle left roe central rule doctrinal anachronism discounted society roe placed among cases exemplified griswold supra clearly jeopardy since subsequent constitutional developments neither disturbed threaten diminish liberty recognized cases similarly roe seen stating rule personal autonomy bodily integrity akin cases recognizing limits governmental power mandate medical treatment bar rejection decisions accord roe view state interest protection life falls short justifying plenary override individual liberty claims see cruzan director dept health finally roe classified sui generis clearly erosion central determination expressly reaffirmed akron akron center reproductive health akron thornburgh american college obstetricians gynecologists webster reproductive health services majority either voted reaffirm declined address constitutional validity roe central holding pp change roe factual underpinning left central holding obsolete none supports argument overruling although subsequent maternal health care advances allow later abortions safe pregnant woman neonatal care developments advanced viability point somewhat earlier facts go scheme time limits realization competing interests thus later divergences factual premises roe bearing validity central holding viability marks earliest point state interest fetal life constitutionally adequate justify legislative ban nontherapeutic abortions soundness unsoundness constitutional judgment sense turns viability occurs whenever may occur attainment continue serve critical fact pp comparison roe two decisional lines comparable significance line identified lochner new york line began plessy ferguson confirms result reached lines overruled respectively west coast hotel parrish brown board education basis facts understanding facts changed furnished claimed justifications earlier constitutional resolutions overruling decisions comprehensible nation defensible responses changed circumstances contrast neither factual underpinnings roe central holding understanding changed indication weakened precedent shown pretend reexamining roe justification beyond present doctrinal disposition come differently roe inadequate basis overruling prior case pp overruling roe central holding reach unjustifiable result stare decisis principles seriously weaken capacity exercise judicial power function nation dedicated rule law acts resolve sort unique intensely divisive controversy reflected roe decision dimension present normal cases entitled rare precedential force counter inevitable efforts overturn thwart implementation convincing justification accepted standards precedent suffice demonstrate later decision overruling first anything surrender political pressure unjustified repudiation principle staked authority first instance moreover country loss confidence judiciary underscored condemnation failure keep faith support decision cost decision overrule roe essential holding existing circumstances address error error cost profound unnecessary damage legitimacy nation commitment rule law pp justice justice kennedy justice souter concluded part iv examination roe wade subsequent cases reveals number guiding principles control assessment pennsylvania statute protect central right recognized roe time accommodating state profound interest potential life see undue burden standard employed undue burden exists therefore provision law invalid purpose effect place substantial obstacles path woman seeking abortion fetus attains viability roe rigid trimester framework rejected promote state interest potential life throughout pregnancy state may take measures ensure woman choice informed measures designed advance interest invalidated purpose persuade woman choose childbirth abortion measures must undue burden right medical procedure state may enact regulations health safety woman seeking abortion may impose unnecessary health regulations present substantial obstacle woman seeking abortion adoption undue burden standard disturb roe holding regardless whether exceptions made particular circumstances state may prohibit woman making ultimate decision terminate pregnancy viability roe holding subsequent viability state promoting interest potentiality human life may chooses regulate even proscribe abortion except necessary appropriate medical judgment preservation life health mother also reaffirmed pp justice justice kennedy justice souter delivered opinion respect parts concluding construed appeals medical emergency definition intended assure compliance state abortion regulations way pose significant threat woman life health thus violate essential holding roe supra although definition interpreted unconstitutional manner defers lower federal interpretations state law unless amount plain error pp section husband notification provision constitutes undue burden therefore invalid significant number women likely prevented obtaining abortion surely pennsylvania outlawed procedure entirely fact may affect fewer one percent women seeking abortions save facial invalidity since proper focus constitutional inquiry group law restriction group irrelevant furthermore claimed father interest fetus welfare equal mother protected liberty since inescapable biological fact state regulation respect fetus far greater impact pregnant woman bodily integrity husband section embodies view marriage consonant common law status married women repugnant present understanding marriage nature rights secured constitution see planned parenthood central mo danforth pp justice justice kennedy justice souter joined justice stevens concluded part statute recordkeeping reporting requirements except relating spousal notice constitutional reporting provision relating reasons married woman notified husband intends abortion must invalidated places undue burden woman choice pp justice justice kennedy justice souter concluded parts section informed consent provision undue burden woman constitutional right decide terminate pregnancy extent akron thornburgh find constitutional violation government requires giving truthful nonmisleading information nature abortion procedure attendant health risks childbirth probable gestational age fetus cases inconsistent roe acknowledgment important interest potential life overruled requiring woman informed availability information relating consequences fetus interfere constitutional right privacy pregnant woman physician since relation derivative woman position underlie override abortion right moreover physician first amendment rights speak implicated part practice medicine licensed regulated state evidence requiring doctor give required information amount substantial obstacle woman seeking abortion premise behind akron invalidation waiting period provision information deemed necessary informed consent performance abortion also wrong although waiting period may make abortions expensive less convenient said invalid present record context facial challenge pp section consent requirement judicial bypass procedure constitutional see ohio akron center reproductive health pp justice blackmun concluded application strict scrutiny standard review required abortion precedents results invalidation challenged provisions pennsylvania statute including reporting requirements therefore concurred judgment requirement pregnant woman report reasons failing provide spousal notice unconstitutional pp chief justice joined justice white justice scalia justice thomas concluded although roe wade directly implicated pennsylvania statute simply regulates prohibit abortion reexamination fundamental right roe accorded woman decision abort fetus concomitant requirement state regulation abortion survive strict scrutiny warranted confusing uncertain state decisional law review cases demonstrates expanded upon roe imposing increasingly greater restrictions see thornburgh american college obstetricians gynecologists burger dissenting become increasingly divided none last three decisions commanded majority opinion see ohio akron center reproductive health hodgson minnesota webster reproductive health services confusion uncertainty complicated task appeals concluded undue burden standard adopted justice webster hodgson governs present cases pp roe reached far analogized right abort fetus rights involved pierce society sisters meyer nebraska loving virginia griswold connecticut thereby deemed right abortion fundamental none decisions endorsed right privacy roe supra claimed abortion involves purposeful termination potential life abortion decision must recognized sui generis different kind rights protected earlier cases rubric personal family privacy autonomy historical traditions american people evidenced english common law american abortion statutes existence time fourteenth amendment adoption roe issuance support view right terminate one pregnancy fundamental thus enactments abridging right need subjected strict scrutiny pp undue burden standard adopted joint opinion justices kennedy souter basis constitutional law result sort simple limitation easily applied opinion anticipates evaluate abortion regulations standard judges make subjective unguided determination whether regulations place substantial obstacles path woman seeking abortion undoubtedly engendering variety conflicting views standard presents nothing workable trimester framework joint opinion discards allow guise constitution continue impart preferences form complex abortion code pp correct analysis set forth plurality opinion webster supra woman interest abortion form liberty protected due process clause may regulate abortion procedures ways rationally related legitimate state interest section requirements rationally related state legitimate interest assuring woman consent abortion fully informed requirement physician disclose certain information abortion procedure risks alternatives large burden clearly related maternal health state interest informed consent addition state may rationally decide physicians better qualified counselors impart information answer questions abortion alternatives medical aspects requirement information provided availability paternal child support alternatives also related state informed consent interest furthers state interest preserving unborn life information might create uncertainty persuade women forgo abortions demonstrates might make difference therefore relevant woman informed choice light plurality rejection roe fundamental right approach subject contrary holding thornburgh controlling reason previous holding invalidating state mandatory waiting period followed waiting period helps ensure woman decision abort one rationally furthers state legitimate interest maternal health unborn life may delay prohibit abortions informed consent provisions apply medical emergencies pp statute parental consent provision entirely consistent previous decisions involving requirements see planned parenthood ass kansas city ashcroft reasonably designed state important legitimate interest welfare young citizens whose immaturity inexperience lack judgment may sometimes impair ability exercise rights wisely hodgson supra pp section requirement abortion facilities file report abortion constitutional rationally furthers state legitimate interests advancing state medical knowledge concerning maternal health prenatal life gathering statistical information respect patients ensuring compliance provisions act keeping reports completely confidential public disclosure reports made facilities receiving public funds identifying facilities parent subsidiary affiliated organizations revealing total number abortions performed broken trimester rationally related state legitimate interest informing taxpayers benefiting public funds services funds supporting records relating expenditure public funds generally available public pennsylvania law pp justice scalia joined chief justice justice white justice thomas concluded woman decision abort unborn child constitutionally protected liberty constitution says absolutely nothing longstanding traditions american society permitted legally proscribed see ohio akron center reproductive health scalia concurring pennsylvania statute upheld entirety rational basis test pp kathryn kolbert argued cause petitioners respondents briefs janet benshoof lynn paltrow rachael pine steven shapiro john powell linda wharton carol tracy ernest preate attorney general pennsylvania argued cause respondents petitioners brief john knorr iii chief deputy attorney general kate mershimer senior deputy attorney general solicitor general starr argued cause amicus curiae support respondents petitioners brief assistant attorney general gerson paul larkin thomas hungar alfred fn briefs amici curiae filed state new york et al robert abrams attorney general new york jerry boone solicitor general mary ellen burns chief assistant attorney general sanford cohen donna dennis marjorie fujiki shelley mayer assistant attorneys general john mckernan governor maine michael carpenter attorney general richard blumenthal attorney general connecticut charles oberly iii attorney general delaware warren price iii attorney general hawaii roland burris attorney general illinois bonnie campbell attorney general iowa joseph curran attorney general maryland scott harshbarger attorney general massachusetts frankie sue del papa attorney general nevada robert del tufo attorney general new jersey tom udall attorney general new mexico lacy thornburg attorney general north carolina james attorney general rhode island dan morales attorney general texas jeffrey amestoy attorney general vermont john payton corporation counsel district columbia state utah paul van dam attorney general mary anne wood special assistant attorney general city new york et al peter sherwood conrad harper janice goodman leonard koerner lorna bade goodman gail rubin julie mertus organizations pamela karlan sarah weddington agudath israel america david zwiebel alan guttmacher institute et al colleen connell dorothy zimbrakos american academy medical ethics joseph dellapenna american association prolife obstetricians gynecologists et al william bentley ball philip murren maura quinlan american college obstetricians gynecologists et al carter phillips ann allen laurie rockett joel klein nadine taub sarah carey american psychological association david ogden texas black americans life lawrence joyce craig greenwood catholics life et al thomas patrick monaghan jay alan sekulow walter weber thomas glessner charles rice michael laird elliot institute social sciences research stephen kaufmann feminists life america et al keith fournier john stepanovich christine smith torre theodore amshoff mary dice grenen focus family et al stephen galebach gregory granitto stephen reed david llewellyn benjamin bull leonard pranschke knights columbus carl anderson life issues institute james bopp richard coleson naacp legal defense educational fund et al julius chambers ronald ellis alice brown national legal foundation robert skolrood national right life bopp coleson robert destro eric johnston pennsylvania coalition domestic violence et al phyllis gelman rutherford institute et al thomas strahan john whitehead johnston stephen hurst joseph secola thomas neuberger brian heller amy dougherty stanley jones david melton robert melnick william bonner charles bundren james knicely southern center law ethics tony miller catholic conference et al mark chopko phillip harris michael whitehead forest montgomery university faculty life clarke forsythe victor rosenblum certain american state legislators paul benjamin linton arizona legislators ronald maines representative henry hyde et al albert blaustein kevin todd representative edwards et al walter dellinger lloyd cutler american historians sylvia law justice justice kennedy justice souter announced judgment delivered opinion respect parts ii iii vi opinion respect part justice stevens joins opinion respect parts iv liberty finds refuge jurisprudence doubt yet years holding constitution protects woman right terminate pregnancy early stages roe wade definition liberty still questioned joining respondents amicus curiae done five cases last decade asks us overrule roe see brief respondents brief amicus curiae issue cases five provisions pennsylvania abortion control act amended cons stat relevant portions act set forth appendix infra act requires woman seeking abortion give informed consent prior abortion procedure specifies provided certain information least hours abortion performed minor obtain abortion act requires informed consent one parents provides judicial bypass option minor wish obtain parent consent another provision act requires unless certain exceptions apply married woman seeking abortion must sign statement indicating notified husband intended abortion act exempts compliance three requirements event medical emergency defined act see addition provisions regulating performance abortions act imposes certain reporting requirements facilities provide abortion services provisions took effect petitioners five abortion clinics one physician representing well class physicians provide abortion services brought suit seeking declaratory injunctive relief provision challenged unconstitutional face district entered preliminary injunction enforcement regulations bench trial held provisions issue unconstitutional entering permanent injunction pennsylvania enforcement supp ed appeals third circuit affirmed part reversed part upholding regulations except husband notification requirement granted certiorari appeals found necessary follow elaborate course reasoning even identify first premise use determine whether statute enacted pennsylvania meets constitutional standards see oral argument attorney parties challenging statute took position none enactments upheld without overruling roe wade tr oral arg disagree analysis acknowledge decisions roe cast doubt upon meaning reach holding chief justice admits overrule central holding roe adopt rational relationship test sole criterion constitutionality see post state federal courts well legislatures throughout union must guidance seek address subject conformance constitution given premises find imperative review principles define rights woman legitimate authority state respecting termination pregnancies abortion procedures considering fundamental constitutional questions resolved roe principles institutional integrity rule stare decisis led conclude essential holding roe wade retained reaffirmed must stated outset clarity roe essential holding holding reaffirm three parts first recognition right woman choose abortion viability obtain without undue interference state viability state interests strong enough support prohibition abortion imposition substantial obstacle woman effective right elect procedure second confirmation state power restrict abortions fetal viability law contains exceptions pregnancies endanger woman life health third principle state legitimate interests outset pregnancy protecting health woman life fetus may become child principles contradict one another adhere ii constitutional protection woman decision terminate pregnancy derives due process clause fourteenth amendment declares state shall deprive person life liberty property without due process law controlling word cases us liberty although literal reading clause might suggest governs procedures state may deprive persons liberty least years since mugler kansas clause understood contain substantive component well one barring certain government actions regardless fairness procedures used implement daniels williams justice brandeis joined justice holmes observed espite arguments contrary seemed persuasive settled due process clause fourteenth amendment applies matters substantive law well matters procedure thus fundamental rights comprised within term liberty protected federal constitution invasion whitney california concurring opinion guaranties due process though roots magna carta per legem terrae considered procedural safeguards executive usurpation tyranny country become bulwarks also arbitrary legislation poe ullman harlan dissenting dismissal jurisdictional grounds quoting hurtado california familiar substantive liberties protected fourteenth amendment recognized bill rights held due process clause fourteenth amendment incorporates bill rights see duncan louisiana tempting means curbing discretion federal judges suppose liberty encompasses rights already guaranteed individual federal interference express provisions first eight amendments constitution see adamson california black dissenting course never accepted view also tempting reason suppose due process clause protects practices defined specific level protected government interference rules law fourteenth amendment ratified see michael gerald opinion scalia view inconsistent law promise constitution realm personal liberty government may enter vindicated principle marriage mentioned nowhere bill rights interracial marriage illegal century doubt correct finding aspect liberty protected state interference substantive component due process clause loving virginia relying opinion eight justices due process clause similar examples may found turner safley carey population services international griswold connecticut well separate opinions majority members case id goldberg joined warren brennan concurring expressly relying due process id harlan concurring judgment id white concurring judgment pierce society sisters meyer nebraska neither bill rights specific practices time adoption fourteenth amendment marks outer limits substantive sphere liberty fourteenth amendment protects see amdt second justice harlan recognized full scope liberty guaranteed due process clause found limited precise terms specific guarantees elsewhere provided constitution liberty series isolated points pricked terms taking property freedom speech press religion right keep bear arms freedom unreasonable searches seizures rational continuum broadly speaking includes freedom substantial arbitrary impositions purposeless restraints also recognizes reasonable sensitive judgment must certain interests require particularly careful scrutiny state needs asserted justify abridgment poe ullman supra dissenting dismissal jurisdictional grounds justice harlan wrote words addressing issue full reach poe ullman adopted position four terms later griswold connecticut supra griswold held constitution permit state forbid married couple use contraceptives freedom later guaranteed equal protection clause unmarried couples see eisenstadt baird constitutional protection extended sale distribution contraceptives carey population services international supra settled heard arguments roe wade constitution places limits state right interfere person basic decisions family parenthood see carey population services international supra moore east cleveland eisenstadt baird supra loving virginia supra griswold connecticut supra skinner oklahoma ex rel williamson pierce society sisters supra meyer nebraska supra well bodily integrity see washington harper winston lee rochin california inescapable fact adjudication substantive due process claims may call upon interpreting constitution exercise capacity tradition courts always exercised reasoned judgment boundaries susceptible expression simple rule mean free invalidate state policy choices disagree yet neither permit us shrink duties office justice harlan observed due process reduced formula content determined reference code best said course decisions represented balance nation built upon postulates respect liberty individual struck liberty demands organized society supplying content constitutional concept necessity rational process certainly one judges felt free roam unguided speculation might take balance speak balance struck country regard history teaches traditions developed well traditions broke tradition living thing decision radically departs long survive decision builds survived likely sound formula serve substitute area judgment restraint poe ullman dissenting dismissal jurisdictional grounds men women good conscience disagree suppose always shall disagree profound moral spiritual implications terminating pregnancy even earliest stage us individuals find abortion offensive basic principles morality control decision obligation define liberty mandate moral code underlying constitutional issue whether state resolve philosophic questions definitive way woman lacks choice matter except perhaps rare circumstances pregnancy danger life health result rape incest conventional constitutional doctrine reasonable people disagree government adopt one position see ferguson skrupa williamson lee optical theorem however assumes state affairs choice intrude upon protected liberty thus people might disagree whether flag saluted disagree proposition may defiled ruled state may compel enforce one view see west virginia bd ed barnette texas johnson law affords constitutional protection personal decisions relating marriage procreation contraception family relationships child rearing education carey population services international cases recognize right individual married single free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child eisenstadt baird supra emphasis original precedents respected private realm family life state enter prince massachusetts matters involving intimate personal choices person may make lifetime choices central personal dignity autonomy central liberty protected fourteenth amendment heart liberty right define one concept existence meaning universe mystery human life beliefs matters define attributes personhood formed compulsion state considerations begin analysis woman interest terminating pregnancy end reason though abortion decision may originate within zone conscience belief philosophic exercise abortion unique act act fraught consequences others woman must live implications decision persons perform assist procedure spouse family society must confront knowledge procedures exist procedures deem nothing short act violence innocent human life depending one beliefs life potential life aborted though abortion conduct follow state entitled proscribe instances liberty woman stake sense unique human condition unique law mother carries child full term subject anxieties physical constraints pain must bear sacrifices beginning human race endured woman pride ennobles eyes others gives infant bond love alone grounds state insist make sacrifice suffering intimate personal state insist without upon vision woman role however dominant vision course history culture destiny woman must shaped large extent conception spiritual imperatives place society recognized moreover critical respects abortion decision character decision use contraception griswold connecticut eisenstadt baird carey population services international afford constitutional protection doubt correctness decisions support reasoning roe relating woman liberty involve personal decisions concerning meaning procreation also human responsibility respect abortion reasonable people differences opinion matters one view based reverence wonder creation pregnancy welcomed carried full term matter difficult provide child ensure wellbeing another inability provide nurture care infant cruelty child anguish parent intimate views infinite variations deep personal character underlay decisions griswold eisenstadt carey concerns present woman confronts reality perhaps despite attempts avoid become pregnant dimension personal liberty roe sought protect holding invoked reasoning tradition precedents discussed granting protection substantive liberties person roe course extension cases decision indicated separate act degree legitimate interests protecting prenatal life extent legislatures might act outweigh interests woman choosing terminate pregnancy subject debate roe decisions following appreciate weight arguments made behalf state cases us arguments ultimate formulation conclude roe overruled reservations us may reaffirming central holding roe outweighed explication individual liberty given combined force stare decisis turn doctrine iii obligation follow precedent begins necessity contrary necessity marks outer limit cardozo recognize judicial system society work eyed issue afresh every case raised see cardozo nature judicial process indeed concept rule law underlying constitution requires continuity time respect precedent definition indispensable see powell stare decisis judicial restraint journal history extreme different necessity make felt prior judicial ruling come seen clearly error enforcement reason doomed even decision overrule prior case rare latter instance virtually foreordained common wisdom rule stare decisis inexorable command certainly every constitutional case see burnet coronado oil gas brandeis dissenting see also payne tennessee souter joined kennedy concurring arizona rumsey rather reexamines prior holding judgment customarily informed series prudential pragmatic considerations designed test consistency overruling prior decision ideal rule law gauge respective costs reaffirming overruling prior case thus example may ask whether rule proven intolerable simply defying practical workability swift wickham whether rule subject kind reliance lend special hardship consequences overruling add inequity cost repudiation title ins trust whether related principles law far developed left old rule remnant abandoned doctrine see patterson mclean credit union whether facts changed come seen differently robbed old rule significant application justification burnet supra brandeis dissenting case may enquire whether roe central rule found unworkable whether rule limitation state power removed without serious inequity relied upon significant damage stability society governed whether law growth intervening years left roe central rule doctrinal anachronism discounted society whether roe premises fact far changed ensuing two decades render central holding somehow irrelevant unjustifiable dealing issue addressed although roe engendered opposition sense proven unworkable see garcia san antonio metropolitan transit authority representing simple limitation beyond state law unenforceable roe course required judicial assessment state laws affecting exercise choice guaranteed government infringement although need review remain consequence today decision required determinations fall within judicial competence inquiry reliance counts cost rule repudiation fall relied reasonably rule continued application since classic case weighing reliance heavily favor following earlier rule occurs commercial context see payne tennessee supra advance planning great precision obviously necessity cause surprise find reliance worthy consideration support roe neither respondents amici many words deny abortion right invites reliance prior actual exercise one readily imagine argument stressing dissimilarity case one involving property contract abortion customarily chosen unplanned response consequence unplanned activity failure conventional birth control except assumption intercourse occurred roe holding behavior may appear justify reliance claim even reliance claimed unrealistic assumption argument might run reliance interest de minimis argument premised hypothesis reproductive planning take virtually immediate account sudden restoration state authority ban abortions eliminate issue reliance easily however one need limit cognizable reliance specific instances sexual activity simply refuse face fact two decades economic social developments people organized intimate relationships made choices define views places society reliance availability abortion event contraception fail ability women participate equally economic social life nation facilitated ability control reproductive lives see petchesky abortion woman choice rev ed constitution serves human values effect reliance roe exactly measured neither certain cost overruling roe people ordered thinking living around case dismissed evolution legal principle left roe doctrinal footings weaker development constitutional law since case decided implicitly explicitly left roe behind mere survivor obsolete constitutional thinking recognized course roe stands intersection two lines decisions whichever doctrinal category one reads case result present purposes roe placed holding succession cases prominently exemplified griswold connecticut see roe seen roe clearly jeopardy since subsequent constitutional developments neither disturbed threaten diminish scope recognized protection accorded liberty relating intimate relationships family decisions whether beget bear child see carey population services international moore east cleveland roe however may seen exemplar griswold liberty rule whether mistaken personal autonomy bodily integrity doctrinal affinity cases recognizing limits governmental power mandate medical treatment bar rejection cases since roe accord roe view state interest protection life falls short justifying plenary override individual liberty claims cruzan director mo dept health riggins nevada washington harper see also rochin california jacobson massachusetts finally one classify roe sui generis case viewed clearly erosion central determination original holding resting concurrence seven members expressly affirmed majority six see akron akron center reproductive health akron majority five see thornburgh american college obstetricians gynecologists expressing adherence constitutional ruling despite legislative efforts test limits recently webster reproductive health services although two present authors questioned trimester framework way consistent judgment today see rehnquist joined white kennedy jj concurring part concurring judgment majority either decided reaffirm declined address constitutional validity central holding roe see webster rehnquist joined white kennedy jj concurring part concurring judgment blackmun joined brennan marshall concurring part dissenting part stevens concurring part dissenting part courts building upon roe likely hand erroneous decisions consequence even assumption central holding roe error error go strength state interest fetal protection recognition afforded constitution woman liberty latter aspect decision fits comfortably within framework prior decisions including skinner oklahoma ex rel williamson griswold supra loving virginia eisenstadt baird holdings series isolated points mark rational continuum poe ullman harlan dissenting described carey population services international supra liberty encompasses decisions includes interest independence making certain kinds important decisions outer limits aspect protected liberty marked clear among decisions individual may make without unjustified government interference personal decisions relating marriage procreation contraception family relationships childrearing education citations omitted seen time overtaken roe factual assumptions advances maternal health care allow abortions safe mother later pregnancy true see akron supra advances neonatal care advanced viability point somewhat earlier compare roe webster supra opinion rehnquist see akron dissenting facts go scheme time limits realization competing interests divergences factual premises bearing validity roe central holding viability marks earliest point state interest fetal life constitutionally adequate justify legislative ban nontherapeutic abortions soundness unsoundness constitutional judgment sense turns whether viability occurs approximately weeks usual time roe weeks sometimes today moment even slightly earlier pregnancy may fetal respiratory capacity somehow enhanced future whenever may occur attainment viability may continue serve critical fact done since roe decided say change roe factual underpinning left central holding obsolete none supports argument overruling sum precedential enquiry point shows roe underpinnings unweakened way affecting central holding engendered disapproval unworkable entire generation come age free assume roe concept liberty defining capacity women act society make reproductive decisions erosion principle going liberty personal autonomy left roe central holding doctrinal remnant roe portends developments odds precedent analysis personal liberty changes fact rendered viability less appropriate point balance interests tips within bounds normal stare decisis analysis subject considerations customarily turns stronger argument affirming roe central holding whatever degree personal reluctance us may overruling less significant case stare decisis analysis stop point reached sustained widespread debate roe provoked calls comparison case others comparable dimension responded national controversies taken impress controversies addressed two decisional lines past century present examination instance result reached accorded principles apply today first example line cases identified lochner new york imposed substantive limitations legislation limiting economic autonomy favor health welfare regulation adopting justice holmes view theory dissenting opinion lochner decisions exemplified adkins children hospital district columbia held infringement constitutionally protected liberty contract require employers adult women satisfy minimum wage standards fourteen years later west coast hotel parrish signaled demise lochner overruling adkins meantime depression come lesson seemed unmistakable people interpretation contractual freedom protected adkins rested fundamentally false factual assumptions capacity relatively unregulated market satisfy minimal levels human welfare see west coast hotel supra justice jackson wrote constitutional crisis shortly came bench older world recognized everywhere outside dead struggle judicial supremacy facts upon earlier case premised constitutional resolution social controversy proven untrue history demonstration untruth justified required new choice constitutional principle west coast hotel announced course true lost something misperception lack prescience crisis magnified loss clear demonstration facts economic life different previously assumed warranted repudiation old law second comparison century history invites cases employing rule applying fourteenth amendment equal protection guarantee began plessy ferguson holding legislatively mandated racial segregation public transportation works denial equal protection rejecting argument racial separation enforced legal machinery american society treats black race inferior plessy considered underlying fallacy plaintiff argument consist assumption enforced separation two races stamps colored race badge inferiority reason anything found act solely colored race chooses put construction upon whether matter historical fact justices plessy majority believed see harlan dissenting understanding implication segregation stated justification opinion understanding facts rule stated justify repudiated brown board education brown one commentator observed question brown whether discrimination inheres segregation imposed law twentieth century certain specific american union question meaning find answer ground history common knowledge facts life times places aforesaid black lawfulness segregation decisions yale brown addressed facts life observing whatever may understanding plessy time power segregation stigmatize segregated badge inferiority clear legally sanctioned segregation effect point racially separate public educational facilities deemed inherently unequal society understanding facts upon constitutional ruling sought thus fundamentally different basis claimed decision think plessy wrong day decided see plessy supra harlan dissenting must also recognize plessy explanation decision clearly odds facts apparent decision reexamine plessy ground alone justified required west coast hotel brown rested facts understanding facts changed furnished claimed justifications earlier constitutional resolutions case comprehensible response facts country understand come understand already earlier day declarations disclosed able perceive decisions thus comprehensible also defensible merely victories one doctrinal school another dint numbers victories though applications constitutional principle facts seen constitutional adjudication elsewhere life changed circumstances may impose new obligations thoughtful part nation accept decision overrule prior case response constitutional duty cases us present occasion seen response neither factual underpinnings roe central holding understanding changed indication weakened precedent shown pretend reexamining prior law justification beyond present doctrinal disposition come differently overrule prior law reason run counter view repeated cases decision overrule rest special reason belief prior case wrongly decided see mitchell grant stewart dissenting basic change law upon ground firmer change membership invites popular misconception institution little different two political branches government misconception lasting injury system law abiding mission serve mapp ohio harlan dissenting examination conditions justifying repudiation adkins west coast hotel plessy brown enough suggest terrible price paid overruled present cases however analysis point makes clear terrible price paid overruling analysis complete however without explaining overruling roe central holding reach unjustifiable result principles stare decisis seriously weaken capacity exercise judicial power function nation dedicated rule law understand necessary understand source authority conditions necessary preservation relationship country understanding constitutional republic root american governmental power revealed clearly instance power conferred constitution upon judiciary specifically upon americans succeeding generation rightly told buy support decisions spending money except minor degree independently coerce obedience decrees power lies rather legitimacy product substance perception shows people acceptance judiciary fit determine nation law means declare demands underlying substance legitimacy course warrant decisions constitution lesser sources legal principle draws substance expressed opinions contemporary understanding decision without principled justification judicial act even justification furnished apposite legal principle something required every conscientious claim principled justification accepted justification claimed must beyond dispute must take care speak act ways allow people accept decisions terms claims grounded truly principle compromises social political pressures bearing principled choices obliged make thus legitimacy depends making legally principled decisions circumstances principled character sufficiently plausible accepted nation need principled action perceived implicated degree whenever appellate overrules prior case say course give perfectly satisfactory explanation cases people understand constitution language hard fathom justices sometimes able perceive significant facts understand principles law eluded predecessors justify departures existing decisions however upsetting may directly affected one judicially derived rule replaces another country accept correction error without necessarily questioning legitimacy two circumstances however almost certainly fail receive benefit doubt overruling prior cases first point beyond frequent overruling overtax country belief good faith despite variety reasons may inform justify decision overrule forget decision usually perceived perceived correctly least statement prior decision wrong limit amount error plausibly imputed prior courts limit exceeded disturbance prior rulings taken evidence justifiable reexamination principle given way drives particular results short term legitimacy fade frequency vacillation first circumstance described hypothetical second point performance judicial duties decides case way resolve sort intensely divisive controversy reflected roe rare comparable cases decision dimension resolution normal case carry dimension present whenever interpretation constitution calls contending sides national controversy end national division accepting common mandate rooted constitution asked often thus addressed nation twice lifetime decisions brown roe act way decision requires equally rare precedential force counter inevitable efforts overturn thwart implementation efforts may mere unprincipled emotional reactions others may proceed principles worthy profound respect whatever premises opposition may convincing justification accepted standards precedent suffice demonstrate later decision overruling first anything surrender political pressure unjustified repudiation principle staked authority first instance overrule fire absence compelling reason reexamine watershed decision subvert legitimacy beyond serious question cf brown board okf education brown ii go without saying vitality th constitutional principles announced brown allowed yield simply disagreement country loss confidence judiciary underscored equally certain equally reasonable condemnation another failing overruling unnecessarily pressure cost paid anyone approves implements constitutional decision unpopular refuses work undermine decision force reversal price may criticism ostracism may violence extra price paid disapprove decision results viewed outside constitutional terms nevertheless struggle accept respect rule law tested following implicitly undertakes remain steadfast lest end price paid nothing promise constancy given binds maker long power stand decision survives understanding issue changed fundamentally render commitment obsolete obligation promise assume exemption duty requires decide case conformance constitution willing breach nothing less breach faith broke faith people sensibly expect credit principle decision true diminished legitimacy may restored slowly unlike political branches thus weakened seek regain position new mandate voters even somehow go polls loss principled character retrieved casting many votes like character individual legitimacy must earned time indeed must character nation people aspire live according rule law belief people readily separable understanding invested authority decide constitutional cases speak others constitutional ideals legitimacy undermined country ability see constitutional ideals concern legitimacy sake sake nation responsible duty present case clear confronted issue governmental power limit personal choice undergo abortion provided new resolution based due process guaranteed fourteenth amendment whether new social consensus developing issue divisiveness less today pressure overrule decision like pressure retain grown intense decision overrule roe essential holding existing circumstances address error error cost profound unnecessary damage legitimacy nation commitment rule law therefore imperative adhere essence roe original decision today iv said far follows constitutional liberty woman freedom terminate pregnancy conclude basic decision roe based constitutional analysis repudiate woman liberty unlimited however outset state show concern life unborn later point fetal development state interest life sufficient force right woman terminate pregnancy restricted brings us course point much criticism directed roe criticism always inheres draws specific rule constitution general standard conclude however urgent claims woman retain ultimate control destiny body claims implicit meaning liberty require us perform function liberty must extinguished want line clear falls us give real substance woman liberty determine whether carry pregnancy full term conclude line drawn viability time woman right choose terminate pregnancy adhere principle two reasons first said doctrine stare decisis judicial act may seem somewhat arbitrary roe reasoned statement elaborated great care twice reaffirmed face great opposition see thornburgh american college obstetricians gynecologists akron although must overrule parts thornburgh akron view inconsistent roe statement state legitimate interest promoting life potential life unborn see infra central premise cases represents unbroken commitment essential holding roe premise reaffirm today second reason concept viability noted roe time realistic possibility maintaining nourishing life outside womb independent existence second life reason fairness object state protection overrides rights woman see roe wade consistent constitutional norms legislatures may draw lines appear arbitrary without necessity offering justification courts may must justify lines draw line viability workable sure said may medical developments affect precise point viability see supra imprecision within tolerable limits given medical community must apply discoveries continue explore matter viability line also practical matter element fairness broad sense might said woman fails act viability consented state intervention behalf developing child woman right terminate pregnancy viability central principle roe wade rule law component liberty renounce side equation interest state protection potential life roe recognized state important legitimate interest protecting potentiality human life roe supra weight given state interest strength woman interest difficult question faced roe need say whether us members valuation state interest came original matter concluded roe weight insufficient justify ban abortions prior viability even subject certain exceptions matter us first instance coming nearly years litigation roe wake satisfied immediate question soundness roe resolution issue precedential force must accorded holding concluded essential holding roe reaffirmed yet must remembered roe wade speaks clarity establishing woman liberty also state important legitimate interest potential life roe supra portion decision roe given little acknowledgment implementation subsequent cases cases decided regulation touching upon abortion decision must survive strict scrutiny sustained drawn narrow terms compelling state interest see akron supra cases decided formulation reconciled holding roe state legitimate interests health woman protecting potential life within resolving tension choose rely upon roe later cases roe established trimester framework govern abortion regulations elaborate rigid construct almost regulation permitted first trimester pregnancy regulations designed protect woman health state interest potential life permitted second trimester third trimester fetus viable prohibitions permitted provided life health mother stake roe supra cases since roe involved application rules derived trimester framework see thornburgh american college obstetricians gynecologists supra akron supra trimester framework doubt erected ensure woman right choose become subordinate state interest promoting fetal life choice exists theory fact agree however trimester approach necessary accomplish objective framework rigidity unnecessary later interpretation sometimes contradicted state permissible exercise powers though woman right choose terminate continue pregnancy viability follow state prohibited taking steps ensure choice thoughtful informed even earliest stages pregnancy state may enact rules regulations designed encourage know philosophic social arguments great weight brought bear favor continuing pregnancy full term procedures institutions allow adoption unwanted children well certain degree state assistance mother chooses raise child constitution forbid state city pursuant democratic processes expressing preference normal childbirth webster reproductive health services opinion quoting poelker doe follows free enact laws provide reasonable framework woman make decision profound lasting meaning find consistent roe central premises indeed inevitable consequence holding state interest protecting life unborn reject trimester framework consider part essential holding roe see webster reproductive health services supra opinion rehnquist concurring part concurring judgment describing trimester framework problematic measures aimed ensuring woman choice contemplates consequences fetus necessarily interfere right recognized roe although measures found inconsistent rigid trimester framework announced case logical reading central holding roe necessary reconciliation liberty woman interest state promoting prenatal life require view abandon trimester framework rigid prohibition regulation aimed protection fetal life trimester framework suffers basic flaws formulation misconceives nature pregnant woman interest practice undervalues state interest potential life recognized roe jurisprudence relating liberties save perhaps abortion recognized every law makes right difficult exercise ipso facto infringement right example clarifies point held every ballot access limitation amounts infringement right vote rather granted substantial flexibility establishing framework within voters choose candidates wish vote anderson celebrezze norman reed abortion right similar numerous forms state regulation might incidental effect increasing cost decreasing availability medical care whether abortion medical procedure fact law serves valid purpose one designed strike right incidental effect making difficult expensive procure abortion enough invalidate state regulation imposes undue burden woman ability make decision power state reach heart liberty protected due process clause see hodgson minnesota concurring part concurring judgment part ohio akron center reproductive health akron ii opinion kennedy webster reproductive health services supra concurring part concurring judgment thornburgh american college obstetricians gynecologists dissenting simopoulos virginia concurring part concurring judgment planned parenthood assn kansas city ashcroft concurring judgment part dissenting part akron joined white rehnquist dissenting bellotti baird bellotti part early abortion cases adhered view maher roe explained roe declare unqualified constitutional right abortion district seemed think rather right protects woman unduly burdensome interference freedom decide whether terminate pregnancy see also doe bolton interposition hospital abortion committee unduly restrictive patient rights bellotti supra state may impose undue burdens upon minor capable giving informed consent harris mcrae citing maher supra cf carey population services international test must applied state regulations burden individual right decide prevent conception terminate pregnancy substantially limiting access means effectuating decision applied state statutes prohibit decision entirely considerations nature abortion right illustrate overstatement describe right decide whether abortion without interference state planned parenthood central mo danforth abortion regulations interfere degree woman ability decide whether terminate pregnancy consequence surprising despite protestations contained original roe opinion effect recognizing absolute right experience applying trimester framework led striking abortion regulations real sense deprived women ultimate decision decisions went far right recognized roe right free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child eisenstadt baird governmental intrusion necessity unwarranted brings us basic flaw trimester framework even roe terms practice undervalues state interest potential life within woman roe wade express recognition state important legitimate interest preserving protecting health pregnant woman protecting potentiality human life trimester framework however fulfill roe promise state interest protecting fetal life potential life roe began contradiction using trimester framework forbid regulation abortion designed advance interest viability viability roe subsequent cases treat governmental attempts influence woman decision behalf potential life within unwarranted treatment judgment incompatible recognition substantial state interest potential life throughout pregnancy cf webster opinion rehnquist akron supra dissenting notion state substantial interest potential life leads conclusion regulations must deemed unwarranted burdens right decide whether terminate pregnancy undue view undue burden standard appropriate means reconciling state interest woman constitutionally protected liberty concept undue burden utilized well individual members including two us ways considered inconsistent see hodgson minnesota supra concurring part concurring judgment akron ii supra opinion kennedy thornburgh american college obstetricians gynecologists supra dissenting akron supra dissenting harris mcrae supra maher roe supra beal doe bellotti supra set forth standard general application intend adhere important clarify meant undue burden finding undue burden shorthand conclusion state regulation purpose effect placing substantial obstacle path woman seeking abortion nonviable fetus statute purpose invalid means chosen state interest potential life must calculated inform woman free choice hinder statute furthering interest potential life valid state interest effect placing substantial obstacle path woman choice considered permissible means serving legitimate ends extent opinions individual justices use undue burden standard manner inconsistent analysis set view controlling standard cf mccleskey zant attempting define doctrine abuse writ precision acknowledging tension among earlier cases considered judgment undue burden unconstitutional burden see akron ii opinion kennedy understood another way answer question left open previous opinions discussing undue burden formulation whether law designed state interest fetal life imposes undue burden woman decision fetal viability constitutional see akron dissenting answer guiding principles emerge stake woman right make ultimate decision right insulated others regulations create structural mechanism state parent guardian minor may express profound respect life unborn permitted substantial obstacle woman exercise right choose see infra addressing pennsylvania parental consent requirement unless effect right choice state measure designed persuade choose childbirth abortion upheld reasonably related goal regulations designed foster health woman seeking abortion valid constitute undue burden even jurists reason shared premises disagreement inevitable compare hodgson kennedy concurring judgment part dissenting part concurring part concurring judgment part expected application legal standard must accommodate life complexity expect otherwise respect undue burden standard give summary protect central right recognized roe wade time accommodating state profound interest potential life employ undue burden analysis explained opinion undue burden exists therefore provision law invalid purpose effect place substantial obstacle path woman seeking abortion fetus attains viability reject rigid trimester framework roe wade promote state profound interest potential life throughout pregnancy state may take measures ensure woman choice informed measures designed advance interest invalidated long purpose persuade woman choose childbirth abortion measures must undue burden right medical procedure state may enact regulations health safety woman seeking abortion unnecessary health regulations purpose effect presenting substantial obstacle woman seeking abortion impose undue burden right adoption undue burden analysis disturb central holding roe wade reaffirm holding regardless whether exceptions made particular circumstances state may prohibit woman making ultimate decision terminate pregnancy viability also reaffirm roe holding subsequent viability state promoting interest potentiality human life may chooses regulate even proscribe abortion except necessary appropriate medical judgment preservation life health mother roe wade principles control assessment pennsylvania statute turn issue validity challenged provisions appeals applied believed undue burden standard upheld provisions except husband notification requirement agree generally conclusion refine undue burden analysis accordance principles articulated consider separate statutory sections issue central operation various requirements begin statute definition medical emergency statute medical emergency hat condition basis physician good faith clinical judgment complicates medical condition pregnant woman necessitate immediate abortion pregnancy avert death delay create serious risk substantial irreversible impairment major bodily function petitioners argue definition narrow contending forecloses possibility immediate abortion despite significant health risks contention correct required invalidate restrictive operation provision essential holding roe forbids state interfering woman choice undergo abortion procedure continuing pregnancy constitute threat health see also harris mcrae district found three serious conditions covered statute preeclampsia inevitable abortion premature ruptured membrane yet appeals observed undisputed circumstances conditions lead illness substantial irreversible consequences definition interpreted unconstitutional manner appeals construed phrase serious risk include circumstances stated read medical emergency exception intended pennsylvania legislature assure compliance abortion regulations way pose significant threat life health woman ibid said brockett spokane arcades normally defer construction state statute given lower federal courts indeed said defer lower interpretations state law unless amount plain error palmer hoffman reflect belief district courts courts appeals better schooled able interpret laws respective frisby schultz citation omitted adhere course today conclude construed appeals medical emergency definition imposes undue burden woman abortion right next consider informed consent requirement except medical emergency statute requires least hours performing abortion physician inform woman nature procedure health risks abortion childbirth probable gestational age unborn child physician qualified nonphysician must inform woman availability printed materials published state describing fetus providing information medical assistance childbirth information child support father list agencies provide adoption services alternatives abortion abortion may performed unless woman certifies writing informed availability printed materials provided chooses view prior decisions establish medical procedure state may require woman give written informed consent abortion see planned parenthood central mo danforth respect statute unexceptional petitioners challenge statute definition informed consent includes provision specific information doctor mandatory waiting period conclusions reached majority justices separate opinions filed today undue burden standard adopted opinion require us overrule part past decisions decisions driven trimester framework prohibition regulations designed state interest fetal life akron invalidated ordinance required woman seeking abortion provided physician specific information designed influence woman informed choice abortion childbirth later described akron holding thornburgh american college obstetricians gynecologists two purported flaws akron ordinance information designed dissuade woman abortion ordinance imposed rigid requirement specific body information given cases irrespective particular needs patient ibid extent akron thornburgh find constitutional violation government requires giving truthful nonmisleading information nature procedure attendant health risks childbirth probable gestational age fetus cases go far inconsistent roe acknowledgment important interest potential life overruled clear even terms akron thornburgh decisions along danforth recognize substantial government interest justifying requirement woman apprised health risks abortion childbirth danforth supra questioned psychological wellbeing facet health doubted women considering abortion deem impact fetus relevant dispositive decision attempting ensure woman apprehend full consequences decision state furthers legitimate purpose reducing risk woman may elect abortion discover later devastating psychological consequences decision fully informed information state requires made available woman truthful misleading requirement may permissible also see reason state may require doctors inform woman seeking abortion availability materials relating consequences fetus even consequences direct relation health example illustrates point think constitutional state require order informed consent kidney transplant operation recipient must supplied information risks donor well risks requirement physician make available information similar mandated statute described thornburgh outright attempt wedge commonwealth message discouraging abortion privacy informed consent dialogue woman physician conclude however informed choice need defined narrow terms considerations effect fetus made irrelevant made clear depart holdings akron thornburgh extent permit state legitimate goal protecting life unborn enacting legislation aimed ensuring decision mature informed even state expresses preference childbirth abortion short requiring woman informed availability information relating fetal development assistance available decide carry pregnancy full term reasonable measure ensure informed choice one might cause woman choose childbirth abortion requirement considered substantial obstacle obtaining abortion follows undue burden prior cases also suggest straitjacket thornburgh supra quoting danforth supra particular information must given case interferes constitutional right privacy pregnant woman physician preliminary matter worth noting statute us require physician comply informed consent provisions demonstrate preponderance evidence reasonably believed furnishing information resulted severely adverse effect physical mental health patient respect statute prevent physician exercising medical judgment whatever constitutional status relation may general matter present context derivative woman position relation underlie override two general rights abortion right justified right make family decisions right physical autonomy relation entitled solicitude receives contexts thus requirement doctor give woman certain information part obtaining consent abortion constitutional purposes different requirement doctor give certain specific information medical procedure left petitioners argument asserted first amendment right physician provide information risks abortion childbirth manner mandated state sure physician first amendment rights speak implicated see wooley maynard part practice medicine subject reasonable licensing regulation state cf whalen roe see constitutional infirmity requirement physician provide information mandated state pennsylvania statute also requires us reconsider holding akron state may require physician opposed qualified assistant provide information relevant woman informed consent since evidence record requiring doctor give information provided statute amount practical terms substantial obstacle woman seeking abortion conclude undue burden cases reflect fact constitution gives broad latitude decide particular functions may performed licensed professionals even objective assessment might suggest tasks performed others see williamson lee optical thus uphold provision reasonable means ensure woman consent informed analysis pennsylvania waiting period provision information deemed necessary informed consent performance abortion undue burden standard requires us reconsider premise behind decision akron invalidating parallel requirement akron said convinced state legitimate concern woman decision informed reasonably served requiring delay matter course consider conclusion wrong idea important decisions informed deliberate follow period reflection strike us unreasonable particularly statute directs important information become part background decision statute construed appeals permits avoidance waiting period event medical emergency record evidence shows vast majority cases delay create appreciable health risk theory least waiting period reasonable measure implement state interest protecting life unborn measure amount undue burden whether mandatory waiting period nonetheless invalid practice substantial obstacle woman choice terminate pregnancy closer question findings fact district indicate distances many women must travel reach abortion provider practical effect often delay much day waiting period requires woman seeking abortion make least two visits doctor district also found many instances increase exposure women seeking abortions harassment hostility protestors demonstrating outside clinic result district found women fewest financial resources must travel long distances difficulty explaining whereabouts husbands employers others waiting period particularly burdensome findings troubling respects demonstrate waiting period constitutes undue burden doubt district held waiting period effect increasing cost risk delay abortions district conclude increased costs potential delays amount substantial obstacles rather applying trimester framework strict prohibition regulation designed promote state interest potential life viability see district concluded waiting period state interest maternal health infringes physician discretion exercise sound medical judgment yet stated undue burden standard state permitted enact persuasive measures favor childbirth abortion even measures health interest waiting period limit physician discretion standing alone reason invalidate light construction given statute definition medical emergency appeals district findings say waiting period imposes real health risk also disagree district conclusion particularly burdensome effects waiting period women require invalidation particular burden necessity substantial obstacle whether burden falls particular group distinct inquiry whether substantial obstacle even women group district conclude waiting period obstacle even women burdened hence record us context facial challenge convinced waiting period constitutes undue burden left argument various aspects informed consent requirement unconstitutional place barriers way abortion demand even broadest reading roe however suggested constitutional right abortion demand see doe bolton rather right protected roe right decide terminate pregnancy free undue interference state informed consent requirement facilitates wise exercise right classified interference right roe protects informed consent requirement undue burden right section pennsylvania abortion law provides except cases medical emergency physician shall perform abortion married woman without receiving signed statement woman notified spouse undergo abortion woman option providing alternative signed statement certifying husband man impregnated husband located pregnancy result spousal sexual assault reported woman believes notifying husband cause someone else inflict bodily injury upon physician performs abortion married woman without receiving appropriate signed statement license revoked liable husband damages district heard testimony numerous expert witnesses made detailed findings fact regarding effect statute included vast majority women consult husbands prior deciding terminate pregnancy bodily injury exception invoked married woman whose husband notified reasonable belief threaten publicize intent abortion family friends acquaintances retaliate future child custody divorce proceedings inflict psychological intimidation emotional harm upon children persons inflict bodily harm persons children family members loved ones use control finances deprive necessary monies children studies reveal family violence occurs two million families figure however conservative one substantially understates battering usually reported reaches proportions actual number families affected domestic violence fact researchers estimate one every two women battered time life wife may elect notify husband intention abortion variety reasons including husband illness concern health imminent failure marriage husband absolute opposition abortion required filing spousal consent form require change counseling procedures force women reveal intimate decisionmaking pain criminal sanctions confidentiality revelations guaranteed since woman records immune subpoena women class levels educational backgrounds racial ethnic religious groups battered abuse take many physical psychological forms nature scope battering cover broad range actions gruesome torturous married women victims battering killed pennsylvania throughout battering often involve substantial amount sexual abuse including marital rape sexual mutilation domestic abuse situation common battering husband also abuse children attempt coerce wife mere notification pregnancy frequently flashpoint battering violence within family number battering incidents high pregnancy often worst abuse associated pregnancy battering husband may deny parentage use pregnancy excuse abuse secrecy typically shrouds abusive families family members instructed tell anyone especially police doctors abuse violence battering husbands often threaten wives children abuse tells outsider violence tells nobody believe battered woman therefore highly unlikely disclose violence fear retaliation abuser even confronted directly medical personnel helping professionals battered women often admit battering admitted battered woman shelter safe house unknown husband reasonably likely bodily harm inflicted upon batterer however attempt notify husband pursuant section accidentally disclose whereabouts husband fear future ramifications realistic circumstances marital rape rarely discussed others reported law enforcement authorities reported prosecuted common battered women sexual intercourse husbands avoid battered type coercive sexual activity spousal sexual assault defined act many women may consider others fear disbelief marital rape exception section claimed women victims coercive sexual behavior penetration reporting requirement spousal sexual assault statute narrows class sexually abused wives claim exception since many women may psychologically unable discuss report rape several years incident nature battering relationship battered women unlikely avail exceptions section act regardless whether section applies omitted studies fill rest troubling picture physical violence visible form abuse psychological abuse particularly forced social economic isolation women also common walker battered woman syndrome many victims domestic violence remain abusers perhaps perceive superior alternative herbert silver ellard coping abusive relationship women stay marriage family many abused women find temporary refuge shelters return husbands large part source income aguirre return abused wives shelters social workers returning one abuser dangerous recent federal bureau investigation statistics disclose percent homicide victims killed spouses mercy saltzman fatal violence among spouses public health thirty percent female homicide victims killed male partners domestic violence terrorism home hearing subcommittee children family drugs alcoholism senate committee labor human resources limited research conducted respect notifying one husband abortion although involving samples small representative also supports district findings fact vast majority women notify male partners decision obtain abortion many cases married women notify husbands pregnancy result extramarital affair husband father primary reason women notify husbands husband wife experiencing marital difficulties often accompanied incidents violence ryan plutzer married women abortions spousal notification marital interaction marriage family information district findings reinforce common sense suggest marriages spouses discuss important intimate decisions whether bear child millions women country victims regular physical psychological abuse hands husbands women become pregnant may good reasons wishing inform husbands decision obtain abortion many may justifiable fears physical abuse may less fearful consequences reporting prior abuse commonwealth pennsylvania many may reasonable fear notifying husbands provoke instances child abuse women exempt notification requirement many may fear devastating forms psychological abuse husbands including verbal harassment threats future violence destruction possessions physical confinement home withdrawal financial support disclosure abortion family friends methods psychological abuse may act even deterrent notification possibility physical violence women victims abuse exempt notification requirement many women pregnant result sexual assaults husbands unable avail exception spousal sexual assault exception requires woman notified law enforcement authorities within days assault husband notified report investigation begins anything field certain victims spousal sexual assault extremely reluctant report abuse government hence great many spousal rape victims exempt notification requirement imposed spousal notification requirement thus likely prevent significant number women obtaining abortion merely make abortions little difficult expensive obtain many women impose substantial obstacle must blind fact significant number women fear safety safety children likely deterred procuring abortion surely commonwealth outlawed abortion cases respondents attempt avoid conclusion invalid pointing imposes almost burden vast majority women seeking abortions begin noting percent women obtain abortions married note women percent notify husbands volition thus respondents argue effects felt one percent women obtain abortions respondents argue since women able notify husbands without adverse consequences qualify one exceptions statute affects fewer one percent women seeking abortions reason asserted statute invalid face see brief respondents disagree respondents basic method analysis analysis end one percent women upon statute operates begins legislation measured consistency constitution impact whose conduct affects example say law requires newspaper print candidate reply unfavorable editorial valid face newspapers adopt policy even absent law see miami herald publishing tornillo proper focus constitutional inquiry group law restriction group law irrelevant respondents argument gives implicit recognition principle one critical points respondents speak one percent women seeking abortions married choose notify husbands plans selecting controlling class women wish obtain abortions rather women pregnant women respondents effect concede must judged reference actual rather irrelevant restriction course said real target narrower even class women seeking abortions identified state married women seeking abortions wish notify husbands intentions qualify one statutory exceptions notice requirement unfortunate yet persisting conditions document mean large fraction cases relevant operate substantial obstacle woman choice undergo abortion undue burden therefore invalid conclusion way inconsistent decisions upholding parental notification consent requirements see akron ii bellotti baird bellotti ii planned parenthood central mo danforth enactments judgment constitutional based quite reasonable assumption minors benefit consultation parents children often realize parents best interests heart adopt parallel assumption adult women recognize husband deep proper concern interest wife pregnancy growth development fetus carrying danforth supra regard children fathered raised recognized cognizable substantial interest custody stanley illinois see also quilloin walcott caban mohammed lehr robertson case concerned state ability require mother notify father taking action respect living child raised therefore reasonable conclude general matter father interest welfare child mother interest equal birth however issue takes different cast inescapable biological fact state regulation respect child woman carrying far greater impact mother liberty father effect state regulation woman protected liberty doubly deserving scrutiny case state touched upon private sphere family upon bodily integrity pregnant woman cf cruzan director mo dept health held wife husband disagree decision view one two marriage partners prevail inasmuch woman physically bears child directly immediately affected pregnancy two balance weighs favor danforth supra conclusion rests upon basic nature marriage nature constitution marital couple independent entity mind heart association two individuals separate intellectual emotional makeup right privacy means anything right individual married single free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child eisenstadt baird emphasis original constitution protects individuals men women alike unjustified state interference even interference enacted law benefit spouses time long ago different understanding family constitution prevailed bradwell state wall three members reaffirmed common law principle woman legal existence separate husband regarded head representative social state notwithstanding recent modifications civil status many special rules law flowing dependent upon cardinal principle still exist full force bradley joined swayne field concurring judgment one generation passed since observed woman still regarded center home family life attendant special responsibilities precluded full independent legal status constitution hoyt florida views course longer consistent understanding family individual constitution keeping rejection common law understanding woman role within family held danforth constitution permit state require married woman obtain husband consent undergoing abortion principles guided danforth guides today great many women victims abuse inflicted husbands whose children victims abuse spousal notice requirement enables husband wield effective veto wife decision whether prospect notification deters women seeking abortions whether husband physical force psychological pressure economic coercion prevents wife obtaining abortion late notice requirement often tantamount veto found unconstitutional danforth women affected law reasonably fear consequences notifying husbands pregnant gravest danger husband interest life child wife carrying permit state empower troubling degree authority wife contrary view leads consequences reminiscent common law husband enforceable right require wife advise exercises personal choices husband interest potential life child outweighs wife liberty state require married woman notify husband uses contraceptive perhaps next line statute requiring pregnant married women notify husbands engaging conduct causing risks fetus husband interest fetus safety sufficient predicate state regulation state reasonably conclude pregnant wives notify husbands drinking alcohol smoking perhaps married women notify husbands using contraceptives undergoing type surgery may complications affecting husband interest wife reproductive organs husband interest justifies notice cases one might reasonably argue justifies exactly danforth held justify requirement husband consent well state may give man kind dominion wife parents exercise children section embodies view marriage consonant common law status married women repugnant present understanding marriage nature rights secured constitution women lose constitutionally protected liberty marry constitution protects individuals male female married unmarried abuse governmental power even power employed supposed benefit member individual family considerations confirm conclusion invalid next consider parental consent provision except medical emergency unemancipated young woman may obtain abortion unless one parents guardian provides informed consent defined neither parent guardian provides consent may authorize performance abortion upon determination young woman mature capable giving informed consent fact given informed consent abortion best interests ground cases establish reaffirm today state may require minor seeking abortion obtain consent parent guardian provided adequate judicial bypass procedure see akron ii hodgson concurring part concurring judgment part kennedy concurring judgment part dissenting part akron bellotti ii plurality opinion precedents view consent requirement judicial bypass procedure constitutional argument made petitioners respecting provision prior decisions speak contention parental consent requirement invalid requires informed parental consent part petitioners argument reprise argument respect informed consent requirement general reject reasons given indeed provisions regarding informed consent particular force respect minors waiting period example may provide parent parents pregnant young woman opportunity consult private discuss consequences decision context values moral religious principles family see hodgson supra opinion stevens recordkeeping reporting requirements statute every facility performs abortions required file report stating name address well name address related entity controlling subsidiary organization case institutions information becomes public abortion performed report must filed identifying physician second physician required facility referring physician agency woman age number prior pregnancies prior abortions gestational age type abortion procedure date abortion whether preexisting medical conditions complicate pregnancy medical complications abortion applicable basis determination abortion medically necessary weight aborted fetus whether woman married whether notice provided basis failure give notice every abortion facility must also file quarterly reports showing number abortions performed broken trimester see events identity woman abortion remains confidential danforth held recordkeeping reporting provisions reasonably directed preservation maternal health properly respect patient confidentiality privacy permissible think standard provisions issue except relating spousal notice constitutional although relate state interest informing woman choice relate health collection information respect actual patients vital element medical research said requirements serve purpose make abortions difficult find requirements impose substantial obstacle woman choice might increase cost abortions slight amount point increased cost become substantial obstacle showing record us subsection reporting provision requires reporting among things married woman reason failure provide notice husband provision effect requires women condition obtaining abortion provide commonwealth precise information already recognized many women pressing reasons reveal like spousal notice requirement provision places undue burden woman choice must invalidated reason vi constitution covenant running first generation americans us future generations coherent succession generation must learn anew constitution written terms embody ideas aspirations must survive ages one accept responsibility retreat interpreting full meaning covenant light precedents invoke define freedom guaranteed constitution promise promise liberty ordered appendix opinion kennedy souter jj definitions medical emergency condition basis physician good faith clinical judgment complicates medical condition pregnant woman necessitate immediate abortion pregnancy avert death delay create serious risk substantial irreversible impairment major bodily function informed consent least hours prior abortion physician perform abortion referring physician orally informed woman nature proposed procedure treatment risks alternatives procedure treatment reasonable patient consider material decision whether undergo abortion ii probable gestational age unborn child time abortion performed iii medical risks associated carrying child term least hours prior abortion physician perform abortion referring physician qualified physician assistant health care practitioner technician social worker responsibility delegated either physician informed pregnant woman department publishes printed materials describe unborn child list agencies offer alternatives abortion right review printed materials copy provided free charge chooses review ii medical assistance benefits may available prenatal care childbirth neonatal care detailed information availability assistance contained printed materials published department iii father unborn child liable assist support child even instances offered pay abortion case rape information may omitted copy printed materials provided woman chooses view materials pregnant woman certifies writing prior abortion information required provided paragraphs provided emergency medical emergency compels performance abortion physician shall inform woman prior abortion possible medical indications supporting judgment abortion necessary avert death avert substantial irreversible impairment major bodily function penalty physician violates provisions section guilty unprofessional conduct license practice medicine surgery shall subject suspension revocation accordance procedures provided act october known osteopathic medical practice act act december known medical practice act successor acts physician performs induces abortion without first obtaining certification required subsection knowledge reason know informed consent woman obtained shall first offense guilty summary offense subsequent offense guilty misdemeanor third degree physician shall guilty violating section failure furnish information required subsection demonstrate preponderance evidence reasonably believed furnishing information resulted severely adverse effect physical mental health patient limitation civil liability physician complies provisions section may held civilly liable patient failure obtain informed consent abortion within meaning term defined act october known health care services malpractice parental consent general rule except case medical emergency except provided section pregnant woman less years age emancipated adjudged incompetent relating petition hearing examination physician physician shall perform abortion upon unless case woman less years age first obtains informed consent pregnant woman one parents case woman incompetent first obtains informed consent guardian deciding whether grant consent pregnant woman parent guardian shall consider child ward best interests case pregnancy result incest father party incestuous act pregnant woman need obtain consent mother unavailability parent guardian parents died otherwise unavailable physician within reasonable time reasonable manner consent pregnant woman guardian guardians shall sufficient pregnant woman parents divorced consent parent custody shall sufficient neither parent legal guardian available physician within reasonable time reasonable manner consent adult person standing loco parentis shall sufficient petition consent parents guardians pregnant woman refuse consent performance abortion elects seek consent either parents guardian common pleas judicial district applicant resides abortion sought shall upon petition motion appropriate hearing authorize physician perform abortion determines pregnant woman mature capable giving informed consent proposed abortion fact given consent order determines pregnant woman mature capable giving informed consent pregnant woman claim mature capable giving informed consent shall determine whether performance abortion upon best interests determines performance abortion best interests woman shall authorize physician perform abortion representation proceedings pregnant woman may participate proceedings behalf may appoint guardian ad litem assist shall however advise right counsel shall provide counsel unless wishes appear private counsel knowingly intelligently waived representation abortion facilities reports within days effective date chapter every facility abortions performed shall file update immediately upon change report department containing following information name address facility name address parent subsidiary affiliated organizations corporations associations name address parent subsidiary affiliated organizations corporations associations contemporaneous commonality ownership beneficial interest directorship officership printed information general rule department shall cause published english spanish vietnamese within days chapter becomes law shall update annual basis following easily comprehensible printed materials geographically indexed materials designed inform woman public private agencies services available assist woman pregnancy upon childbirth child dependent including adoption agencies shall include comprehensive list agencies available description services offer description manner including telephone numbers might contacted option department printed materials including telephone number may called obtain orally list description agencies locality caller services offer materials shall provide information availability medical assistance benefits prenatal care childbirth neonatal care state unlawful individual coerce woman undergo abortion physician performs abortion upon woman without obtaining informed consent without according private medical consultation may liable damages civil action law father child liable assist support child even instances father offered pay abortion law permits adoptive parents pay costs prenatal care childbirth neonatal care materials designed inform woman probable anatomical physiological characteristics unborn child gestational increments fertilization full term including pictures representing development unborn children gestational increments relevant information possibility unborn child survival provided pictures drawings must contain dimensions fetus must realistic appropriate woman stage pregnancy materials shall objective designed convey accurate scientific information unborn child various gestational ages material shall also contain objective information describing methods abortion procedures commonly employed medical risks commonly associated procedure possible detrimental psyschological effects abortion medical risks commonly associated procedure medical risks commonly associated carrying child term format materials shall printed typeface large enough clearly legible free distribution materials required section shall available cost department upon request appropriate number person facility spousal notice spousal notice required order commonwealth interest promoting integrity marital relationship protect spouse interests children within marriage protecting prenatal life spouse child physician shall perform abortion married woman except provided subsections unless received signed statement need notarized woman upon abortion performed notified spouse undergo abortion statement shall bear notice false statement made therein punishable law exceptions statement certifying notice required subsection given need furnished woman provides physician signed statement certifying least one following spouse father child spouse diligent effort located pregnancy result spousal sexual assault described section relating spousal sexual assault reported law enforcement agency requisite jurisdiction woman reason believe furnishing notice spouse likely result infliction bodily injury upon spouse another individual medical emergency requirements subsection shall apply case medical emergency forms department shall cause published forms may utilized purposes providing signed statements required subsections department shall distribute adequate supply forms abortion facilities commonwealth penalty civil action physician violates provisions section guilty unprofessional conduct license practice medicine surgery shall subject suspension revocation accordance procedures provided act october known osteopathic medical practice act act december known medical practice act successor acts addition physician knowingly violates provisions section shall civilly liable spouse father aborted child damages caused thereby punitive damages amount shall award prevailing plaintiff reasonable attorney fee part reporting general rule purpose promotion maternal health life adding sum medical public health knowledge compilation relevant data promote commonwealth interest protection unborn child report abortion performed shall made department forms prescribed report forms shall identify individual patient name shall include following information identification physician performed abortion concurring physician required section relating abortion unborn child weeks gestational age second physician required section facility abortion performed referring physician agency service county state woman resides woman age number prior pregnancies prior abortions woman gestational age unborn child time abortion type procedure performed prescribed date abortion preexisting medical conditions woman complicate pregnancy known medical complication resulted abortion basis medical judgment physician performed abortion abortion necessary prevent either death pregnant woman substantial irreversible impairment major bodily function woman abortion performed pursuant section weight aborted child abortion performed pursuant section basis medical judgment medical emergency existed excused physician compliance provision chapter information required reported section relating determination gestational age whether abortion performed upon married woman whether notice spouse given notice spouse given report shall also indicate reason failure provide notice report facility every facility abortion performed within commonwealth quarter year shall file department report showing total number abortions performed within hospital facility quarter year report shall also show total abortions performed trimester pregnancy report shall available public inspection copying facility receives funds within period immediately preceding filing report reports shall submitted form prescribed department enable facility indicate whether receiving funds facility indicates form receiving funds department shall regard report confidential unless receives evidence causes conclude facility receives funds portions opinion joined important disagree shall therefore first comment significant areas agreement explain limited character disagreement unquestionably correct concluding doctrine stare decisis controlling significance case kind notwithstanding individual justice concerns merits central holding roe wade part law almost two decades planned parenthood central mo danforth stevens concurring part dissenting part natural sequel protection individual liberty established griswold connecticut see also carey population services international white concurring part concurring result societal costs overruling roe late date enormous roe integral part correct understanding concept liberty basic equality men women stare decisis also provides sufficient basis agreement joint opinion reaffirmation roe postviability analysis specifically accept proposition state interested protecting fetal life viability may go far proscribe abortion period except necessary preserve life health mother see ante also accept implicit analysis namely reaffirmation roe explanation state obligation protect life health mother must take precedence duty unborn roe carefully considered rejected state argument fetus person within language meaning fourteenth amendment analyzing usage person constitution concluded word application postnatally commenting contingent property interests unborn generally represented guardians ad litem noted perfection interests involved generally contingent upon live birth short unborn never recognized law persons whole sense accordingly abortion termination life entitled fourteenth amendment protection holding dissent see indeed member ever questioned fundamental proposition thus matter federal constitutional law developing organism yet person sometimes described right life holding today remains fundamental premise constitutional law governing reproductive autonomy ii disagreement joint opinion begins understanding trimester framework established roe contrary suggestion joint opinion ante contradiction recognize state may legitimate interest potential human life time conclude interest justify regulation abortion viability although interests maternal health may fact state interest legitimate tell us ever interest outweighs pregnant woman interest personal liberty appropriate therefore consider carefully nature interests stake first clear order legitimate state interest must secular consistent first amendment state may promote theological sectarian interest see thornburgh american college obstetricians gynecologists stevens concurring see generally webster reproductive health services stevens concurring part dissenting part moreover discussed state interest potential human life interest loco parentis fetus person identifying state interests rarely articulate precision makes clear interest protecting potential life grounded constitution instead indirect interest supported humanitarian pragmatic concerns many citizens believe abortion reflects unacceptable disrespect potential human life performance million abortions year intolerable many find abortions performed fetus approaching personhood particularly offensive state legitimate interest minimizing offense state may also broader interest expanding population believing society benefit services additional productive citizens potential human lives might include occasional mozart curie kinds concerns comprise state interest potential human life counterpoise woman constitutional interest liberty one aspect liberty right bodily integrity right control one person see rochin california skinner oklahoma ex rel williamson right neutral question abortion constitution equally offended absolute requirement women undergo abortions absolute prohibition abortions whole constitutional heritage rebels thought giving government power control men minds stanley georgia holds true power control women bodies woman constitutional liberty interest also involves freedom decide matters highest privacy personal nature cf whalen roe woman considering abortion faces difficult choice serious personal consequences major importance future perhaps salvation immortal soul thornburgh authority make traumatic yet empowering decisions element basic human dignity joint opinion eloquently demonstrates woman decision terminate pregnancy nothing less matter conscience weighing state interest potential life woman liberty interest agree joint opinion state may expres preference normal childbirth state may take steps ensure woman choice thoughtful informed free enact laws provide reasonable framework woman make decision profound lasting meaning ante serious questions arise however state attempts persuade woman choose childbirth abortion ante decisional autonomy must limit state power inject woman personal deliberations views best state may promote preferences funding childbirth creating maintaining alternatives abortion espousing virtues family must respect individual freedom make judgments theme runs throughout decisions concerning reproductive freedom general roe requirement restrictions abortions viability justified state interest maternal health prevented interjecting regulations designed influence woman decision thus upheld regulations abortion efforts sway direct woman choice rather efforts enhance deliberative quality decision neutral regulations health aspects decision example upheld regulations requiring written informed consent see planned parenthood central mo danforth limited recordkeeping reporting see ibid pathology reports see planned parenthood assn kansas city ashcroft well various licensing qualification provisions see roe simopoulos virginia conversely consistently rejected state efforts prejudice woman choice either limiting information available see bigelow virginia requir ing delivery information designed influence woman informed choice abortion childbirth thornburgh see also akron akron center reproductive health opinion principles established long line cases wisdom reflected justice powell opinion akron followed six years ago thornburgh govern decision today principles cons stat iii pennsylvania statute unconstitutional sections require physician counselor provide woman range materials clearly designed persuade choose undergo abortion commonwealth free pursuant pennsylvania law produce disseminate material commonwealth may inject information woman deliberations weighing important choice analysis iii pennsylvania statute constitutional sections require physician inform woman nature risks abortion procedure medical risks carrying term neutral requirements comparable imposed medical procedures sections indicate effort commonwealth influence woman choice way anything requirements enhance rather skew woman decisionmaking iii waiting period required pennsylvania statute raises even serious concerns requirement arguably furthers commonwealth interests two ways neither constitutionally permissible first may argued hour delay justified mere fact likely reduce number abortions thus furthering commonwealth interest potential life argument justify form coercion placed obstacle woman path commonwealth interests simply wearing ability pregnant woman exercise constitutional right second reasonably argued delay furthers commonwealth interest ensuring woman decision informed thoughtful evidence mandated delay benefits women necessary enable physician convey relevant information patient mandatory delay thus appears rest outmoded unacceptable assumptions decisionmaking capacity women consistently maintained reasons commonwealth view skepticism ability minors make decisions see hodgson minnesota none reasons applies adult woman decisionmaking ability left behind belief woman must consult husband undertaking serious matters see ante must reject notion woman less capable deciding matters gravity cf reed reed alternative delay requirement may premised belief decision terminate pregnancy presumptively wrong premise illegitimate disagree vehemently legality morality abortion agree one thing decision terminate pregnancy profound difficult person undertakes decision lightly may presume woman failed reflect adequately merely conclusion differs state preference woman privacy thoughts conscience weighed options made decision forced reconsider simply state believes come wrong conclusion part constitutional liberty choose equal dignity us entitled woman decides terminate pregnancy entitled respect woman decides carry fetus term mandatory waiting period denies women equal respect iv opinion correct application undue burden standard leads conclusion concerning constitutionality requirements burden exercise constitutional right measured effects character burden may undue either burden severe lacks legitimate rational justification delay requirement fails parts test findings district establish severity burden delay imposes many pregnant women yet even cases delay especially onerous opinion undue evidence delay serves useful legitimate purpose indicated legitimate reason require woman agonized decision leave clinic hospital return another day general requirement physician notify patients risks proposed medical procedure appropriate rigid requirement patients wait hours true practice much longer evaluate significance information either common knowledge irrelevant irrational therefore undue burden counseling provisions similarly infirm whenever government commands private citizens speak listen careful review justification command particularly appropriate case pennsylvania statute directs counselors provide women seeking abortions information concerning alternatives abortion availability medical assistance benefits possibility child support payments iii statute requires information given women seeking abortions including information clearly useless married undergone procedure past fully aware options fully convinced abortion reasonable option moreover statute requires physicians inform patients probable gestational age unborn child ii information little decisional value cases abortions performed first trimester fetal age less relevance fetus nears viability information required statute justified relevant philosophic social argument ante either favoring disfavoring abortion decision particular case light facts conclude information requirements ii iii serve useful purpose thus constitute unnecessary therefore undue burden woman constitutional liberty decide terminate pregnancy accordingly disagree parts iv joint opinion join remainder opinion footnotes professor dworkin made comment issue suggestion free declare fetus person assumes state curtail persons constitutional rights adding new persons constitutional population constitutional rights one citizen course much affected else also constitutional rights rights others may compete conflict power increase constitutional population unilateral decision effect power decrease rights national constitution grants others state declare trees persons constitutional right life prohibit publishing newspapers books spite first amendment guarantee free speech understood license kill understand suggestion considering implication must reject fetus part constitutional population national constitutional arrangement power overrule national arrangement declaring fetuses rights competitive constitutional rights pregnant women unenumerated rights whether doe overruled state interest protecting potential life may compared state interest protecting seek immigrate country contemporary example provided haitians risked perils sea desperate attempt become persons protected laws humanitarian practical concerns support state policy allowing persons unrestricted entry countervailing interests population control support policy limiting entry potential citizens state interest population control might sufficient justify strict enforcement immigration laws interest sufficient overcome woman liberty interest thus state interest population control justify limit family size matter abortions noted opinion state legitimate interest protecting minor women immaturity distinguished case akron akron center reproductive health involved provision required mature women capable consenting abortion wait hours giving consent undergoing abortion hodgson joint opinion reliance indirect effects regulation constitutionally protected activity see ante misplaced matters effect regulation also reason regulation explained hodgson cases involving abortion cases involving right travel right marry identification constitutionally protected interest merely beginning analysis state regulation travel marriage obviously permissible even though state may categorically exclude nonresidents borders shapiro thompson deny prisoners right marry turner safley regulation constitutionally protected decisions person shall reside shall marry must predicated legitimate state concerns disagreement choice individual made cf turner safley supra loving virginia abortion area state may obligation spend money use facilities subsidize nontherapeutic abortions minors adults see maher roe cf webster reproductive health services concurring part concurring judgment state value judgment favoring childbirth abortion may provide adequate support decisions involving allocation public funds simply substituting state decision individual decision woman right make otherwise interest liberty protected due process clause nullity state policy favoring childbirth abortion sufficient justification overriding woman decision placing obstacles absolute otherwise pregnant woman path abortion meaning legal standard understood reviewing actual cases applied reason discount justice scalia comments past descriptions standard see post opinion concurring judgment part dissenting part attempt give crystal clarity joint opinion several opinions supporting judgment griswold connecticut less illuminating central holding case appears passed test time future may also demonstrate standard analyzes severity regulatory burden legitimacy justification provide fully adequate framework review abortion legislation even contours standard authoritatively articulated single opinion dept commerce bureau census statistical abstract ed although agree parental consent requirement appropriate bypass constitutional join part joint opinion approval pennsylvania informed parental consent requirement based reasons given part disagree justice blackmun concurring part concurring judgment part dissenting part join parts ii iii vi joint opinion justices kennedy souter ante three years ago webster reproductive health services four members appeared poised cas darkness hopes visions every woman country come believe constitution guaranteed right reproductive choice blackmun dissenting see plurality opinion rehnquist joined white kennedy jj scalia concurring part concurring judgment remained promise roe darkness plurality single flickering flame decisions since webster gave little reason hope flame cast much light see ohio akron center reproductive health blackmun dissenting many expected darkness fall flame grown bright underestimate significance today joint opinion yet remain steadfast belief right reproductive choice entitled full protection afforded webster fear darkness four justices anxiously await single vote necessary extinguish light make mistake joint opinion justices kennedy souter act personal courage constitutional principle contrast previous decisions justices kennedy postponed reconsideration roe wade authors joint opinion today join justice stevens concluding essential holding roe wade retained reaffirmed ante brief five members today recognize constitution protects woman right terminate pregnancy early stages ante fervent view individual liberty force stare decisis led conclusion ante today majority reaffirms due process clause fourteenth amendment establishes realm personal liberty government may enter ante realm whose outer limits determined interpretations constitution focus specific practices time fourteenth amendment adopted see ante included within realm liberty right individual married single free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child ante quoting eisenstadt baird emphasis original matters involving intimate personal choices person may make lifetime choices central personal dignity autonomy central liberty protected fourteenth amendment ante emphasis added finally today recognizes case abortion liberty woman stake sense unique human condition unique law mother carries child full term subject anxieties physical constraints pain must bear ante reaffirmation roe central holding also based force stare decisis erosion principle going liberty personal autonomy left roe central holding doctrinal remnant roe portends developments odds precedent analysis personal liberty changes fact rendered viability less appropriate point balance interests tips ante indeed acknowledges roe limitation state power removed without serious inequity relied upon significant damage stability society governed rule question ante years since roe decided case shaped reproductive planning entire generation come age free assume roe concept liberty defining capacity women act society make reproductive decisions ante understands call ed contending sides end national division accepting common mandate rooted constitution ante decision overrule roe seriously weaken capacity exercise judicial power function nation dedicated rule law ante happened today serve model future justices warning tried turn yet another political branch striking pennsylvania statute spousal notification requirement established framework evaluating abortion regulations responds social context women facing issues reproductive choice determining burden imposed challenged regulation inquires whether regulation purpose effect place substantial obstacle path woman seeking abortion fetus attains viability ante emphasis added reaffirms proper focus constitutional inquiry group law restriction group law irrelevant ante looking group inquires based expert testimony empirical studies common sense whether large fraction cases restriction relevant operate substantial obstacle woman choice undergo abortion ante statute purpose invalid means chosen state interest potential life must calculated inform woman free choice hinder ante applying test remains sensitive unique role women decisionmaking process whatever may practice fourteenth amendment adopted observes omen lose constitutionally protected liberty marry constitution protects individuals male female married unmarried abuse governmental power even power employed supposed benefit member individual family ante lastly believe joint opinion errs failing invalidate regulations pleased joint opinion ruled possibility regulations may shown impose unconstitutional burden joint opinion makes clear specific holdings based insufficiency record see ante confident future evidence produced show large fraction cases regulations relevant operate substantial obstacle woman choice undergo abortion ante ii today less yesterday constitution decisions require state abortion restrictions subjected strictest judicial scrutiny precedents joint opinion principles require us subject abortion regulations strict scrutiny standard pennsylvania statute provisions requiring counseling delay informed parental consent reporting information must invalidated today reaffirms long recognized rights privacy bodily integrity early held right held sacred carefully guarded common law right every individual possession control person free restraint interference others union pacific botsford throughout century also held fundamental right privacy protects citizens governmental intrusion intimate family matters procreation childrearing marriage contraceptive choice see ante cases embody principle personal decisions profoundly affect bodily integrity identity destiny largely beyond reach government eisenstadt roe wade correctly applied principles woman right choose abortion state restrictions abortion violate woman right privacy two ways first compelled continuation pregnancy infringes upon woman right bodily integrity imposing substantial physical intrusions significant risks physical harm pregnancy women experience dramatic physical changes wide range health consequences labor delivery pose additional health risks physical demands short restrictive abortion laws force women endure physical invasions far substantial held violate constitutional principle bodily integrity contexts see winston lee invalidating surgical removal bullet murder suspect rochin california invalidating state restricts woman right terminate pregnancy deprives woman right make decision reproduction family planning critical life choices long deemed central right privacy decision terminate continue pregnancy less impact woman life decisions contraception marriage motherhood dramatic impact woman educational prospects employment opportunities restrictive abortion laws deprive basic control life reasons decision whether beget bear child lies heart cluster constitutionally protected choices carey population services international state restrictions woman right terminate pregnancy also implicate constitutional guarantees gender equality state restrictions abortion compel women continue pregnancies otherwise might terminate restricting right terminate pregnancies state conscripts women bodies service forcing women continue pregnancies suffer pains childbirth instances provide years maternal care state compensate women services instead assumes owe duty matter course assumption women simply forced accept natural status incidents motherhood appears rest upon conception women role triggered protection equal protection clause see mississippi univ women hogan craig boren joint opinion recognizes assumptions women place society longer consistent understanding family individual constitution ante held limitations right privacy permissible survive strict constitutional scrutiny governmental entity imposing restriction demonstrate limitation necessary narrowly tailored serve compelling governmental interest griswold connecticut applied principle specifically context abortion regulations roe wade roe implemented principles framework designed ensure woman right choose become subordinate state interest promoting fetal life choice exists theory fact ante roe identified two relevant state interests interest preserving protecting health pregnant woman interest protecting potentiality human life respect state interest health mother compelling point approximately end first trimester point mortality rate abortion approaches childbirth respect state interest potential life compelling point viability point fetus presumably capability meaningful life outside mother womb ibid order fulfill requirement narrow tailoring state obligated make reasonable effort limit effect regulations period trimester health interest furthered akron akron center reproductive health view application analytical framework less warranted approved seven members roe strict scrutiny state limitations reproductive choice still offers secure protection woman right make reproductive decisions free state coercion majority ever agreed upon alternative approach factual premises trimester framework undermined see webster blackmun dissenting roe framework far administrable far less manipulable undue burden standard adopted joint opinion nonetheless three criticisms trimester framework continue uttered first trimester framework attacked key elements appear text constitution response attack remains webster true concern abandon constitutional jurisprudence critical elements countless constitutional doctrines nowhere appear constitution text constitution makes mention example first amendment actual malice standard proving certain libels see new york times sullivan similarly constitution makes mention rational basis test specific verbal formulations intermediate strict scrutiny evaluates claims equal protection clause reason simple like roe framework tests standards purport rights protected constitution rather methods evaluating measuring strength scope constitutional rights balancing constitutional rights individuals competing interests government true genuine concern abandon vast areas constitutional jurisprudence distinctions entailed trimester framework finer regulatory distinctions often drawn first amendment jurisprudence example held release time program permitting public school students leave school grounds school hours receive religious instruction violate establishment clause even though release time program permitting religious instruction school grounds violate clause compare zorach clauson illinois ex rel mccollum board education school dist champaign county similarly sixth amendment case held although overnight ban communication violated constitutionally guaranteed right counsel geders right violated trial judge separated defendant lawyer recess defendant direct testimony perry leeke numerous constitutional doctrines result narrow differentiations similar circumstances mean abandoned adjudication favor regulation state legitimate interests outset pregnancy protecting health woman life fetus may become child ante legitimate interests enough overcome burden strict scrutiny interests must compelling question best accommodate state interest potential human life constitutional liberties pregnant women stand views expressed webster remain convinced six members years ago convinced roe framework viability standard particular fairly sensibly effectively functions safeguard constitutional liberties pregnant women recognizing accommodating state interest potential human life viability line reflects biological facts truths fetal development marks threshold moment prior fetus survive separate woman reasonably objectively regarded subject rights interests distinct paramount pregnant woman time viability standard takes account undeniable fact fetus evolves postnatal form loses dependence uterine environment state interest fetus potential human life fostering regard human life general becomes compelling practical matter viability follows quickening point woman feels movement womb viability occurs earlier weeks gestational age establishes easily applicable standard regulating abortion providing pregnant woman ample time exercise fundamental right responsible physician terminate pregnancy erious questions arise state attempts persuade woman choose childbirth abortion ante decisional autonomy must limit state power inject woman personal deliberations views best state may promote preferences funding childbirth creating maintaining alternatives abortion espousing virtues family must respect individual freedom make judgments ante stevens concurring part dissenting part internal quotation marks omitted sum roe requirement strict scrutiny implemented trimester framework disturbed approach gained majority protective woman fundamental right lastly approach properly accommodates woman constitutional right state legitimate interests application strict scrutiny standard results invalidation challenged provisions indeed invalidated virtually identical provisions prior cases stare decisis requires strike upheld informed written consent requirements state demonstrated genuinely important state concerns see planned parenthood central mo danforth state may guise securing informed consent require delivery information designed influence woman informed choice abortion childbirth thornburgh quoting akron rigid requirements specific body information imparted woman cases regardless needs patient improperly intrude upon discretion pregnant woman physician thereby impose undesired uncomfortable straitjacket thornburgh quoting danforth measured principles aspects pennsylvania informed consent scheme unconstitutional unobjectionable commonwealth require patient informed nature procedure health risks abortion childbirth probable gestational age unborn child compare cons stat iii akron remain unconvinced vital state need insisting information provided physician rather counselor district found requirement necessarily increase costs plaintiff clinics costs undoubtedly passed patients trained women counselors often understanding physicians generally time spend patients see app disclosure requirement narrowly tailored serve commonwealth interest protecting maternal health sections iii act requires physician qualified nonphysician inform woman printed materials available commonwealth describe fetus provide information medical assistance childbirth information child support father list agencies offering adoption services alternatives abortion thornburgh invalidated biased patient counseling requirements virtually identical one issue said requirements fully applies case listing agencies printed pennsylvania form presents serious problems contains names agencies well may step needs particular woman thus places physician awkward position infringes upon professional responsibilities forcing physician counselor present materials list woman makes effect agent state treating woman places imprimatur upon materials list comes close state medicine imposed upon woman professional medical guidance seeks officially structures obviously intended dialogue woman physician requirements woman advised medical assistance benefits may available father responsible financial assistance support child similarly poorly disguised elements discouragement abortion decision much many patients irrelevant inappropriate patient pregnancy information rendition may cruel well destructive relationship experienced social worker counselor knows theoretical financial responsibility often equate fulfillment guise informed consent act requires dissemination information relevant consent thus advances legitimate state interest type compelled information antithesis informed consent goes far beyond merely describing general subject matter relevant woman decision commonwealth surely compel similar disclosure every possible peril necessary surgery simple vaccination reveals antiabortion character statute real purpose ibid justice stevens insightfully concludes mandatory delay rests either outmoded unacceptable assumptions decisionmaking capacity women belief decision terminate pregnancy presumptively wrong ante requirement women consider obvious slanted information additional hours contained provisions influence woman decision improper ways vast majority women know information less likely minds changed information either realization state opposes choice need endure abuse harassment return clinic except case medical emergency requires physician obtain informed consent parent guardian performing abortion unemancipated minor incompetent woman based evidence record district concluded order fulfill informed consent requirement generally accepted medical principles require visit parent facility recognized state somewhat broader authority regulate activities children adults state nevertheless must demonstrate significant state interest conditioning abortion present case adult danforth emphasis added requirement visit carry risk delay several days possibly weeks even parent willing consent state interest encouraging parental involvement minor abortion decision narrowly drawn serve interest finally pennsylvania statute requires every facility performing abortions report activities commonwealth pennsylvania contends requirement valid danforth held recordkeeping reporting requirements reasonably directed preservation maternal health properly respect patient confidentiality permissible commonwealth attempts justify required reports ground public right know tax dollars spent regulation designed inform public public expenditures commonwealth interest protecting maternal health accordingly regulation justify legally significant burden woman right obtain abortion confidential reports concerning identities medical judgment physicians involved abortions first glance may seem valid given commonwealth interest maternal health enforcement act district found however notwithstanding confidentiality protections many physicians particularly previously discontinued performing abortions harassment refuse refer patients abortion clinics names appear reports commonwealth failed show name referring physician either adds pool scientific knowledge concerning abortion reasonably related commonwealth interest maternal health therefore agree district conclusion confidential reporting requirements unconstitutional insofar require name referring physician basis medical judgment sum affirm judgment reverse judgment remand cases proceedings iii long last chief justice joined admit gone contentions issue need considered first page see expected believe roe wrongly decided overruled consistently traditional approach stare decisis constitutional cases post much reason applaud advances made joint opinion today far fear chief justice opinion chief justice criticism roe follows stunted conception individual liberty recognizing due process clause protects simple physical liberty goes construe personal liberty cases establishing laundry list particular rights rather principled account particular rights grounded general right privacy post constricted view reinforced chief justice exclusive reliance tradition source fundamental rights argues record favor right abortion stronger record michael gerald plurality found fundamental right visitation privileges adulterous father bowers hardwick found fundamental right engage homosexual sodomy case involving firing gun another person body post chief justice world woman considering whether terminate pregnancy entitled protection adulterers murderers sexual deviates given chief justice exclusive reliance tradition people using contraceptives seem next likely candidate list outcasts even shocking chief justice cramped notion individual liberty complete omission discussion effects compelled childbirth motherhood women lives expression concern women health purely instrumental chief justice women psychological health concern extent assumes every woman decides abortion without serious consideration moral implications decision post short chief justice view state compelling interest maternal health less health compelling women maternal chief justice give serious consideration doctrine stare decisis chief justice facts gave rise roe surprisingly simple women become pregnant point somewhere depending medical technology fetus becomes viable women give birth children post characterization issue thus allows chief justice quickly discard joint opinion reliance argument asserting reproductive planning take virtually immediate account decision overruling roe post internal quotation marks omitted chief justice narrow conception individual liberty stare decisis leads propose standard review proposed plurality webster may regulate abortion procedures ways rationally related legitimate state interest williamson lee optical oklahoma cf stanley illinois post chief justice weakens test providing insurmountable requirement facial challenges petitioners must show set circumstances exists provision valid post quoting ohio akron center reproductive health short view petitioners must prove statute constitutionally applied anyone finally applying standard provision chief justice contends record lacks hard evidence support joint opinion contention large fraction women prefer notify husbands involve situations battered women unreported spousal assault post yet throughout explication standard chief justice never explains hard evidence large fraction required battered women supposed pursue challenge standard ban abortion ban rationally related legitimate state interest standard calls deferential toothless yet pressed oral argument describe teeth best protection solicitor general offer women prohibition enforced criminal penalties exception life mother raise serious questions tr oral arg perhaps solicitor general offered failure include exemption life mother arbitrary capricious chief justice contends undue burden test made whole cloth arbitrary capricious limit solicitor general new clothes even somehow irrational state require woman risk life child protection offered women become pregnant rape incest anything arbitrary capricious state prohibiting sins father visited upon offspring reassured always protection democratic process much praised democracy country since founding recognized certain fundamental liberties left whims election woman right reproductive choice one fundamental liberties accordingly liberty need seek refuge ballot box iv one sense approach worlds apart chief justice justice scalia yet another sense distance two approaches short distance single vote years old remain forever step confirmation process successor well may focus issue us today regret may exactly choice two worlds made shall explain joint opinion disagree appropriate standard review abortion regulations agree however reasons advanced joint opinion suffice invalidate spousal notification requirement strict scrutiny standard also join decision uphold medical emergency provision notes interpretation consistent essential holding roe forbids state interfering woman choice undergo abortion procedure continuing pregnancy constitute threat health ante apparent analysis however exception render constitutional provisions conclude survive strict scrutiny joint opinion acknowledges ante recognized vital liberty interest persons refusing unwanted medical treatment cruzan director mo dept health due process clause protects deeply personal decision individual refuse medical treatment also must protect deeply personal decision obtain medical treatment including woman decision terminate pregnancy growing number commentators recognizing point see tribe american constitutional law pp ed siegel reasoning body historical perspective abortion regulation questions equal protection sunstein neutrality constitutional law special reference pornography abortion surrogacy mackinnon reflections sex equality law yale cf rubenfeld right privacy similar analysis rubric privacy mackinnon reflections sex equality law yale say restrictions right subject strict scrutiny say right absolute regulations upheld significant impact woman exercise right justified important state health objectives see planned parenthood central mo danforth upholding requirements woman written consent today reaffirms essential principle roe woman right choose abortion viability obtain without undue interference state ante roe de minimis interference undue joint opinion agrees roe conclusion viability occurs weeks earliest compare ante roe wade agree joint opinion conclusion provisions upheld joint opinion remained faithful principles previously announced examining counseling provisions example joint opinion concludes information state requires made available woman must truthful misleading ante state information must calculated inform woman free choice hinder ante measures must designed ensure woman choice mature informed ante intimidated imposed impelled end state requires provision certain information state may alter manner presentation order inflict psychological abuse ante designed shock unnerve woman seeking exercise liberty right example appear preclude state requiring woman view graphic literature films detailing performance abortion operation visual preview operation remove appendix plays part physician securing informed consent appendectomy preview scenes appurtenant major medical intrusion human body constructively inform decision woman state interest preservation woman health demonstrate state profound respect life unborn ante decision hodgson minnesota validating waiting period minors seeking abortion permit parental involvement alter conclusion delay imposed adult woman see ohio akron center reproductive health moreover statute hodgson require delay minor obtained affirmative consent either parent information widely known confident developed record made show delay large fraction cases restriction relevant operate substantial obstacle woman choice undergo abortion ante provision cure violation hodgson distinguishable since case involves parental involvement approval rather pennsylvania law requires parent receive information designed discourage abortion meeting physician bypass procedure ensure parent obtain information since many instances parent even attend hearing state may place restriction young woman right abortion however irrational simply provided judicial bypass obviously share chief justice views homosexuality sexual deviance see bowers justice scalia urges get area post leave questions regarding abortion entirely post putting aside fact advocates nothing short abdication constitutional responsibilities justice scalia uncharacteristically naive thinks overruling roe holding restrictions woman right abortion subject rational basis review enable henceforth avoid reviewing issues state efforts regulate prohibit abortion world undoubtedly raise host distinct important constitutional questions meriting review example eighth amendment impose limits degree kind punishment state inflict upon physicians perform women undergo abortions effect differences among approaches abortion woman right engage interstate travel first amendment permit choose criminalize abortion ban advertising providing information obtain abortions chief justice rehnquist justice white justice scalia justice thomas join concurring judgment part dissenting part joint opinion following newly minted variation stare decisis retains outer shell roe wade beats wholesale retreat substance case believe roe wrongly decided overruled consistently traditional approach stare decisis constitutional cases adopt approach plurality webster reproductive health services uphold challenged provisions pennsylvania statute entirety ruling litigation appeals third circuit first observed appeal directly implicate roe case involves regulation abortions rather outright prohibition accordingly directed attention question standard review abortion regulations attempting settle correct standard however confronted confused state abortion jurisprudence considering several opinions webster reproductive health services supra hodgson minnesota appeals concluded justice undue burden test controlling narrowest ground upheld recent abortion regulations fragmented decides case single rationale explaining result enjoys assent five justices holding may viewed position taken members concurred judgments narrowest grounds quoting marks internal quotation marks omitted applying standard appeals upheld challenged regulations except one requiring woman notify spouse intended abortion arguing invalidate provisions issue petitioners insist reaffirm decision roe wade supra held unconstitutional texas statute making crime procure abortion except save life mother agree appeals decision roe directly implicated pennsylvania statute prohibit simply regulates abortion appeals found state decisional law dealing regulation abortion confusing uncertain indicating reexamination line cases order unfortunately must apply decisions reexamination undertaken today leaves less divided beforehand although reject trimester framework formed underpinning roe justices kennedy souter adopt revised undue burden standard analyze challenged regulations conclude however outcome unjustified constitutional compromise one leaves position closely scrutinize types abortion regulations despite fact lacks power constitution roe opined state important legitimate interest preserving protecting health pregnant woman still another important legitimate interest protecting potentiality human life emphasis omitted companion case doe bolton referred conclusion roe pregnant woman absolute constitutional right abortion demand language holdings cases appeared leave free regulate abortion procedures variety ways later decisions based found considerably less latitude regulations might expected example roe many sought protect young citizens requiring minor seeking abortion involve parents decision simply required notification parents others required minor obtain consent parents number decisions however substantially limited ability impose requirements regard parental notice requirements initially held state require minor notify parents proceeding abortion matheson recently however indicated state ability impose notice requirement actually depends whether requires notice one parents concluded although constitution might allow state demand notice given one parent prior abortion may require similar notice given two parents unless state incorporates judicial bypass procedure requirement hodgson minnesota supra treated parental consent provisions even harshly three years roe invalidated missouri regulation requiring unmarried woman age obtain consent one parents proceeding abortion held abortion jurisprudence prohibited state imposing blanket provision requiring consent parent planned parenthood central mo danforth bellotti baird struck similar massachusetts parental consent statute majority indicated however state constitutionally require parental consent alternatively allowed pregnant minor obtain abortion without parental consent showing either mature enough make decision abortion best interests see plurality opinion white dissenting light bellotti upheld one parental consent regulation incorporated judicial bypass option viewed sufficient see planned parenthood assn kansas city ashcroft invalidated another belief judicial procedure satisfy dictates bellotti see akron akron center reproductive health never occasion parental notice context parse parental consent jurisprudence components roe observed certain recognized right father participate abortion decision certain circumstances neither roe doe involved assertion paternal right expressly stated case disturb validity regulations protected right roe wade supra three years later danforth extended abortion jurisprudence held state require woman obtain consent spouse proceeding abortion planned parenthood central mo danforth also regularly tried ensure woman decision abortion informed one danforth upheld requirement woman sign consent form prior abortion observed desirable imperative decision made full knowledge nature consequences since case however twice invalidated state statutes designed impart knowledge woman seeking abortion akron held unconstitutional regulation requiring physician inform woman seeking abortion status pregnancy development fetus date possible viability complications result abortion availability agencies providing assistance information respect adoption childbirth akron akron center reproductive health supra recently thornburgh american college obstetricians gynecologists struck limited pennsylvania regulation requiring woman informed risks associated abortion procedure assistance available decided proceed pregnancy saw compelled information antithesis informed consent even state sought provide information view consistent roe framework concluded state require physician furnish information instead alternatively allow nonphysician counselors provide akron akron center reproductive health akron well went held state may require physician wait hours perform abortion receiving consent woman although state sought ensure woman decision carefully considered concluded constitution forbade state imposing sort delay allowed much leeway regulate even actual abortion procedure although state require abortions performed outpatient clinics see simopoulos virginia concluded akron ashcroft state require abortions performed hospitals see akron akron center reproductive health supra planned parenthood assn kansas city ashcroft supra despite fact roe expressly allowed regulation first trimester furtherance maternal health present medical knowledge view justify hospitalization requirement trimester framework akron akron center reproductive health supra quoting roe wade supra danforth held missouri outlaw saline amniocentesis method abortion concluding missouri legislature failed appreciate consider several significant facts making decision although roe allowed state regulation point viability protect potential life fetus subsequently rejected attempts regulate manner colautti franklin struck statute governed determination viability process made clear trimester framework incorporated one definition viability forbade deciding certain objective indicator weeks gestation fetal weight single factor govern definition viability case also invalidated regulation requiring physician use abortion technique offering best chance fetal survival performing postviability abortions see see also thornburgh american college obstetricians gynecologists supra invalidating similar regulation thornburgh struck pennsylvania requirement second physician present postviability abortions help preserve health unborn child ground incorporate sufficient medical emergency exception regulations governing treatment aborted fetuses met similar fate akron invalidated provision requiring physicians performing abortions insure remains unborn child disposed humane sanitary manner internal quotation marks omitted dissents cases expressed view expanding upon roe imposing ever greater restrictions see thornburgh american college obstetricians gynecologists burger dissenting extent departed limitations expressed roe readily apparent white dissenting majority indiscriminately strikes statutory provisions way contravene right recognized roe confronted state regulations type past years become increasingly divided three recent abortion cases commanded opinion see ohio akron center reproductive health hodgson minnesota webster reproductive health services task appeals present case obviously complicated confusion uncertainty following marks concluded light webster hodgson strict scrutiny standard enunciated roe longer applicable undue burden standard adopted justice governing principle state confusion disagreement warrants reexamination fundamental right accorded woman decision abort fetus roe concomitant requirement state regulation abortion survive strict scrutiny see payne tennessee observing reexamination constitutional decisions appropriate decisions generated uncertainty failed provide clear guidance correction legislative action practically impossible internal quotation marks omitted garcia san antonio metropolitan transit authority held liberty interest protected due process clause fourteenth amendment deemed fundamental implicit concept ordered liberty palko connecticut three years earlier snyder massachusetts referred principle justice rooted traditions conscience people ranked fundamental see also michael gerald plurality opinion citing language snyder expressions admittedly precise decisions implementing notion fundamental rights afford elaborate basis base classification construing phrase liberty incorporated due process clause fourteenth amendment recognized meaning extends beyond freedom physical restraint pierce society sisters held included parent right send child private school meyer nebraska held included right teach foreign language parochial school building cases held term liberty includes right marry loving virginia right procreate skinner oklahoma ex rel williamson right use contraceptives griswold connecticut eisenstadt baird reading opinions makes clear endorse right privacy roe wade recognized guarantee personal privacy broad enough encompass woman decision whether terminate pregnancy view terming right fundamental roe read earlier opinions upon based decision much broadly unlike marriage procreation contraception abortion involves purposeful termination potential life harris mcrae abortion decision must therefore recognized sui generis different kind others protected rubric personal family privacy autonomy thornburgh american college obstetricians gynecologists supra white dissenting one ignore fact woman isolated pregnancy decision abort necessarily involves destruction fetus see michael gerald supra look act assertedly subject liberty interest isolation effect upon people like inquiring whether liberty interest firing gun case hand happens involve discharge another person body historical traditions american people support view right terminate one pregnancy fundamental common law inherited england made abortion quickening offense time adoption fourteenth amendment statutory prohibitions restrictions abortion commonplace least territories statutes banning limiting abortion mohr abortion america turn century virtually every state law prohibiting restricting abortion books middle present century liberalization trend set restrictive abortion laws effect still effect roe decided overwhelming majority prohibited abortion unless necessary preserve life health mother roe wade id rehnquist dissenting record scarcely said deeply rooted tradition relatively unrestricted abortion history supported classification right abortion fundamental due process clause fourteenth amendment think therefore view history decided cases dealing substantive liberty due process clause mistaken roe classified woman decision terminate pregnancy fundamental right abridged manner withstood strict scrutiny concluding repeat observation made bowers hardwick inclined take expansive view authority discover new fundamental rights imbedded due process clause vulnerable comes nearest illegitimacy deals constitutional law little cognizable roots language design constitution ii joint opinion justices kennedy souter bring say roe correct original matter authors view immediate question soundness roe resolution issue precedential force must accorded holding ante instead claiming roe correct matter original constitutional interpretation opinion therefore contains elaborate discussion stare decisis discussion principle stare decisis appears almost entirely dicta joint opinion apply principle dealing roe roe decided woman fundamental right abortion joint opinion rejects view roe decided abortion regulations subjected strict scrutiny justified light compelling state interests joint opinion rejects view ante see roe wade supra roe analyzed abortion regulation rigid trimester framework framework guided decisionmaking years joint opinion rejects framework ante stare decisis defined black law dictionary meaning abide adhere decided cases black law dictionary ed whatever central holding roe left joint opinion finishes dissecting surely result principle purporting adhere precedent joint opinion instead revises roe continues exist way storefront western movie set exists mere facade give illusion reality decisions following roe akron akron center reproductive health thornburgh american college obstetricians gynecologists frankly overruled part undue burden standard expounded joint opinion ante view authentic principles stare decisis require portion reasoning roe kept intact stare decisis universal inexorable command especially cases involving interpretation federal constitution burnet coronado oil gas brandeis dissenting erroneous decisions constitutional cases uniquely durable correction legislative action save constitutional amendment impossible therefore duty reconsider constitutional interpretations depar proper understanding constitution garcia san antonio metropolitan transit authority see scott cases involving federal constitution bows lessons experience force better reasoning recognizing process trial error fruitful physical sciences appropriate also judicial function quoting burnet coronado oil gas supra brandeis dissenting smith allwright constitutional watch cease merely spoken issue becomes clear prior constitutional interpretation unsound obliged reexamine question see west virginia bd ed barnette erie tompkins joint opinion discusses several stare decisis factors asserts point toward retaining portion roe two factors main factual underpinning roe remained doctrinal foundation weaker ante course might called basic facts gave rise roe remained women become pregnant point somewhere depending medical technology fetus becomes viable women give birth children say facts gave rise roe continue give rise similar cases reason cases must decided incorrect manner first case deal question surely requirement considering whether depart stare decisis constitutional case decision wrong time rendered true outlandish constitutional decision survive forever based simply fact outlandish later originally rendered joint opinion faithfully follow alleged requirement opinion frankly concludes roe progeny wrong failing recognize state interests maternal health protection unborn human life exist throughout pregnancy ante indication components roe incorrect juncture inception joint opinion also points reliance interests involved context effort explain precedent must followed precedent sake certainly true reliance truly issue case judicial decisions formed basis private decisions onsiderations favor stare decisis acme payne tennessee joint opinion apparently agrees ante traditional notion reliance applicable today cuts back protection afforded roe one claims action defeats reliance interest disavowed trimester framework similarly reliance interests diminished go acknowledge full error roe reproductive planning take virtually immediate account action ante joint opinion thus turns described unconventional unconvincing notion reliance view based surmise availability abortion since roe led two decades economic social developments undercut error roe recognized ante joint opinion assertion fact undeveloped totally conclusory fact one sure economic social developments opinion referring surely dubious suggest women reached places society reliance upon roe rather result determination obtain higher education compete men job market society increasing recognition ability fill positions previously thought reserved men ante end failed put forth evidence prove true reliance joint opinion argument based solely generalized assertions national psyche belief people country grown accustomed roe decision last years ordered thinking living around ante initial matter one might inquire joint opinion view central holding roe deeply rooted constitutional culture casually uproots disposes decision trimester framework furthermore various points past said erroneous decisions constitution allowed separate equal treatment minorities see plessy ferguson liberty due process clause protected freedom contract see adkins children hospital district columbia lochner new york separate equal doctrine lasted years plessy lochner protection contractual freedom lasted years however simple fact generation grown used major decisions prevent correcting errors cases prevent us correctly interpreting constitution see brown board education rejecting separate equal doctrine west coast hotel parrish overruling adkins children hospital supra upholding washington minimum wage law apparently realizing conventional stare decisis principles support position joint opinion advances belief retaining portion roe necessary protect legitimacy ante must take care render decisions grounded truly principle simply political social compromises ante joint opinion properly declares duty ignore public criticism protest may arise result decision quarrel statement although may doubted members holding tenure constitutional good behavior likely intimidated public protests joint opinion goes state resolve sort intensely divisive controversy reflected roe rare comparable cases decision exempt reconsideration established principles stare decisis constitutional cases ante joint opinion contends intensely divisive cases call ed contending sides national controversy end national division accepting common mandate rooted constitution must therefore take special care perceived surrender ing political pressure continued opposition ante truly novel principle one contrary historical practice traditional willingness tolerate criticism opinions principle ruled divisive issue apparently prevented overruling decision sole reason incorrect unless opposition original decision died away first difficulty principle lies assumption cases intensely divisive readily distinguished question whether particular issue intensely divisive enough qualify special protection entirely subjective dependent individual assumptions members addition duty ignore public opinion criticism issues come members perhaps worst position judge whether decision divides nation deeply enough justify uncommon protection although many decisions divide populace large degree previously account shied away applying normal rules stare decisis urged reconsider earlier decisions past years example overruled whole part previous constitutional decisions see payne tennessee supra listing cases joint opinion picks discusses two prior rulings believes intensely divisive variety concludes comparable dimension roe ante discussing lochner new york supra plessy ferguson supra appears us odd indeed joint opinion chooses benchmarks two cases chose adhere erroneous constitutional precedent instead enhanced stature acknowledging correcting error apparently violation joint opinion legitimacy principle see west coast hotel parrish supra brown board education supra one might also wonder joint opinion puts others intensely divisive category assumes two lines cases comparable dimension roe reason think either plessy lochner produced sort public protest decided roe undoubtedly large segments bench bar agreed dissenting views cases surely means uses term intensely divisive many cases added list terms public protest however roe far know unique respond sort protest retreating decision simply allay concerns protesters likewise respond determining adhere decision costs lest seem retreating fire public protests alter normal application stare decisis lest perfectly lawful protest activity penalized taking joint opinion terms doubt distinction roe one hand plessy lochner withstands analysis joint opinion acknowledges improved stature overruling plessy brown deeply divisive issue decision west coast hotel overruled adkins children hospital supra lochner rendered time congress considering president franklin roosevelt proposal reorganize enable name six additional justices event member age elect retire difficult imagine situation face intense opposition prior ruling time general principle proclaimed joint opinion seemingly responded opposition stubbornly refusing reexamine lochner rationale lest lose legitimacy appearing overrule fire ante joint opinion agrees stature seriously damaged brown west coast hotel dug heels refused apply normal principles stare decisis earlier decisions opinion contends entitled overrule plessy lochner cases despite existence opposition original decisions nation learned new lessons interim best feebly supported post hoc rationalization decisions example opinion asserts justifiably overrule decision lochner depression convinced people constitutional protection contractual freedom contributed economy failed protect welfare ante surely joint opinion mean suggest people saw failure uphold minimum wage statutes cause great depression event lochner base rule upon policy judgment unregulated market fundamental stable economy simply believed erroneously liberty due process clause protected right make contract lochner new york case people nation discovered dangers extreme economics depression state laws regulating maximum hours minimum wages existence well time utah statute sort enacted involved decision holden hardy followed suit shortly afterwards see muller oregon bunting oregon statutes indeed enacted belief part sponsors freedom contract protect welfare workers demonstrating belief manifested generation great depression whether people come share hard times insofar anything joint opinion advances entirely speculative crucial failing time workers paid fair wage work available wage finally recognized error west coast hotel engage post hoc rationalization joint opinion attributes today state lochner based economic view fallen disfavor therefore overruled chief justice hughes opinion simply recognized justice holmes previously recognized lochner dissent constitution speak freedom contract west coast hotel parrish lochner new york supra holmes dissenting constitution intended embody particular economic theory whether paternalism organic relation citizen state laissez faire although acknowledge last paragraph opinion state affairs depression theme opinion mistaken matter constitutional law embraced freedom contract years previously joint opinion also agrees acted properly rejecting doctrine separate equal brown fact opinion lauds brown comparing roe ante strange opinion legitimacy principle seemingly forced adhere erroneous decision plessy intensely divisive character us adherence roe today guise legitimacy seem resemble closely adherence plessy ground fortunately choose option brown instead frankly repudiated plessy joint opinion concludes repudiation justified newly discovered evidence segregation effect treating one race inferior another hardly argued urged upon decided plessy justice harlan observed dissent law issue puts brand servitude degradation upon large class equals law plessy ferguson clear arguments made brown made plessy well brown simply recognized justice harlan recognized beforehand fourteenth amendment permit racial segregation rule brown tied popular opinion evils segregation judgment equal protection clause permit racial segregation matter whether public might come believe beneficial ground stands ground alone justified properly concluding plessy erred also suggestion joint opinion propriety overruling divisive decision depends part whether people agree overruled either demise opposition progression substantial popular agreement apparently required allow reconsider divisive decision agreement ascertained short public opinion poll joint opinion say surely even suggestion totally war idea legitimacy whose name invoked judicial branch derives legitimacy following public opinion deciding best lights whether legislative enactments popular branches government comport constitution doctrine stare decisis adjunct duty subject vagaries public opinion basic judicial task reasons joint opinion discussion legitimacy unconvincing well assuming perceived surrender ing political pressure overrules controversial decision ante joint opinion forgets two sides controversy joint opinion asserts order protect legitimacy must refrain overruling controversial decision lest viewed favoring oppose decision decision adhere prior precedent subject criticism case one easily argue responding demonstrated favor original decision decision roe engendered large demonstrations including repeated marches congress opposition support opinion decision either way roe therefore perceived favoring one group perceived dilemma arises one assumes joint opinion make decisions view toward speculative public perceptions one assumes instead surely brown west coast hotel legitimacy enhanced faithful interpretation constitution irrespective public opposition difficulties may put one side roe decision generate conflict decisions recent capital cases bowers hardwick also engendered demonstrations opposition joint opinion message protesters appears must cease activities order serve cause protests cement place decision normal standards stare decisis reconsidered nearly century ago justice david brewer article discussing criticism decisions observed many criticisms may like authors devoid good taste better sorts criticism criticism justice brewer nation anchor albany good advice today strong often misguided criticism decision render decision immune reconsideration lest fetish legitimacy penalize freedom expression end result joint opinion paeans praise legitimacy enunciation brand new standard evaluating state regulation woman right abortion undue burden standard indicated roe wade adopted fundamental right standard state regulations survive met requirement strict scrutiny disagree standard least recognized basis constitutional law time roe decided said undue burden standard created largely whole cloth authors joint opinion standard even today command support majority believe result sort simple limitation easily applied joint opinion anticipates ante sum standard built last evaluating abortion regulations standard judges decide whether place substantial obstacle path woman seeking abortion ante standard based even judge subjective determinations trimester framework standard nothing prevent judges roaming large constitutional field guided personal views griswold connecticut harlan concurring judgment undue burden standard plucked nowhere question substantial obstacle abortion undoubtedly engender variety conflicting views example matter us authors joint opinion uphold pennsylvania waiting period concluding particular burden women substantial obstacle ante authors time strike pennsylvania spousal notice provision finding large fraction cases provision substantial obstacle ante authors conclude informed consent provisions constitute undue burden justice stevens hold ante furthermore striking spousal notice regulation joint opinion uphold parental consent restriction certainly places substantial obstacles path minor abortion choice joint opinion forthright admitting draws distinction based policy judgment parents best interests children heart necessarily true husbands wives ante may may correct judgment quintessentially legislative one undue burden inquiry way supply distinction parental consent spousal consent joint opinion adopts despite efforts joint opinion undue burden standard presents nothing workable trimester framework discards today guise constitution still impart preferences form complex abortion code sum joint opinion labors name stare decisis legitimacy roe wade stands sort judicial potemkin village may pointed monument importance adhering precedent behind facade entirely new method analysis without roots constitutional law imported decide constitutionality state laws regulating abortion neither stare decisis legitimacy truly served effort stated belief constitution subject state abortion regulations heightened scrutiny accordingly think correct analysis set forth plurality opinion webster woman interest abortion form liberty protected due process clause may regulate abortion procedures ways rationally related legitimate state interest williamson lee optical oklahoma cf stanley illinois rule mind examine challenged provisions iii section act imposes certain requirements related informed consent woman seeking abortion section requires referring performing physician must inform woman contemplating abortion nature procedure risks alternatives reasonable patient find material ii fetus probable gestational age iii medical risks involved carrying pregnancy term section requires physician nonphysician counselor inform woman state health department publishes free materials describing fetus different stages listing abortion alternatives ii medical assistance benefits may available prenatal childbirth neonatal care iii child father liable child support act also imposes waiting period time woman receives required information time physician allowed perform abortion see appendix opinion kennedy souter ante held certainly within province require woman voluntary informed consent abortion see thornburgh american college obstetricians gynecologists pennsylvania seeks legitimate interest obtaining informed consent ensuring woman aware reasons abortion also risks associated abortion availability assistance might make alternative normal childbirth attractive might otherwise appear white dissenting conclude provision statute rationally related state interest assuring woman consent abortion fully informed decision section requires physician disclose certain information abortion procedure risks alternatives requirement certainly large burden appeals found record shows clinics without exception insist providing information women abortion performed view information clearly related maternal health state legitimate purpose requiring informed consent akron akron center reproductive health accurate description gestational age fetus risks involved carrying child term helps interests state legitimate interest unborn human life see required disclosure gestational age fetus certainly objectionable although petitioners contend unreasonable state require physician opposed nonphysician counselor disclose information agree appeals state may rationally decide physicians better qualified counselors impart information answer questions medical aspects available alternatives section compels disclosure physician counselor information concerning availability paternal child support alternatives woman decides proceed pregnancy appeals observed record indicates clinics already require counselor consult person woman alternatives abortion abortion performed petitioners claim information required disclosed statute way false inaccurate indeed appeals found relevant accurate noninflammatory conclude required presentation balanced information rationally related state legitimate interest ensuring woman consent truly informed thornburgh american college obstetricians gynecologists dissenting addition furthers state interest preserving unborn life information might create uncertainty persuade women forgo abortions lead conclusion constitution forbids provision information indeed demonstrates information might well make difference therefore relevant woman informed choice cf white dissenting ostensible objective roe wade maximizing number abortions maximizing choice acknowledge thornburgh struck informed consent requirements similar ones issue see clear however detailed framework roe led invalidation informational requirements sustained traditional standard judicial review surgical procedure except abortion webster reproductive health services plurality opinion citing thornburgh american college obstetricians gynecologists white dissenting burger dissenting light rejection roe fundamental right approach subject regard thornburgh controlling reason feel bound follow previous holding state mandatory waiting period unconstitutional see akron akron center reproductive health petitioners correct provision result delays women might otherwise exist therefore placing burden liberty provision way prohibits abortions informed consent waiting period requirements apply case medical emergency see view providing time reflection reconsideration waiting period helps ensure woman decision abort one reasonably furthers state legitimate interest maternal health unborn life fetus surely small cost impose ensure woman decision wellconsidered light certain irreparable consequences fetal life possible effects dissenting addition providing informed consent unemancipated woman age may obtain abortion must either furnish consent one parents must opt judicial procedure allows bypass consent requirement judicial bypass option minor obtain abortion state finds capable giving informed consent indeed given consent determines abortion best interests records proceedings kept confidential act directs state trial render decision within three days woman application entire procedure including appeal pennsylvania superior last longer eight business days parental consent requirement apply case medical emergency see appendix opinion kennedy souter ante provision entirely consistent previous decisions involving parental consent requirements see planned parenthood ass kansas city ashcroft upholding parental consent requirement similar judicial bypass option akron akron center reproductive health supra approving parental consent statutes include judicial bypass option allowing pregnant minor demonstrate sufficiently mature make abortion decision despite immaturity abortion best interests bellotti baird think beyond dispute state strong legitimate interest welfare young citizens whose immaturity inexperience lack judgment may sometimes impair ability exercise rights wisely hodgson minnesota opinion stevens requirement parental consent abortion like myriad restrictions placed upon minors contexts reasonably designed important legitimate state interest view entirely rational fair state conclude instances family strive give lonely even terrified minor advice compassionate mature ohio akron center reproductive health opinion kennedy see also planned parenthood central mo danforth stewart concurring little doubt state furthers constitutionally permissible end encouraging unmarried pregnant minor seek help advice parents making important decision whether bear child thus conclude pennsylvania parental consent requirement upheld section act contains spousal notification provision requires physician may perform abortion married woman woman must sign statement indicating notified husband planned abortion woman required notify husband husband father husband diligent effort located pregnancy result spousal sexual assault reported authorities woman reason believe notifying husband likely result infliction bodily injury upon another individual addition woman exempted notification requirement case medical emergency see appendix opinion kennedy souter ante first emphasize pennsylvania imposed spousal consent requirement type struck planned parenthood central mo danforth missouri spousal consent provision invalidated case view unconstitutionally granted husband veto power exercisable reason whatsoever reason provision involves much less intrusive requirement spousal notification consent law requiring notice husband give third party legal right make woman decision prevent obtaining abortion choose one performed hodgson minnesota supra kennedy concurring judgment part dissenting part see matheson danforth thus control analysis petitioners contend however argue real effect notice requirement give power husbands veto woman abortion choice district indeed found notification provision created risk woman otherwise abortion prevented one example petitioners argue many notified husbands prevent abortions physical force psychological coercion types threats pennsylvania incorporated exceptions notice provision attempt deal problems instance woman need notify husband pregnancy result reported sexual assault reason believe suffer bodily injury result notification furthermore facial challenge act insufficient petitioners show notification provision might operate unconstitutionally conceivable set circumstances salerno thus enough petitioners show worst case circumstances notice provision operate grant veto power husbands ohio akron center reproductive health making facial challenge provision must show set circumstances exists provision valid ibid internal quotation marks omitted failed question us therefore whether spousal notification requirement rationally furthers legitimate state interests conclude first husband interests procreation within marriage potential life unborn child certainly substantial ones see planned parenthood central mo danforth unaware deep proper concern interest devoted protective husband wife pregnancy growth development fetus carrying white concurring part dissenting part skinner oklahoma ex rel williamson state legitimate interests protecting interests father protecting potential life fetus spousal notification requirement reasonably related advancing state interests providing husband usually know spouse intent abortion provision makes likely husband participate deciding fate unborn child possibility might otherwise denied participation might cases result decision proceed pregnancy judge alito observed dissent pennsylvania legislature rationally believed married women initially inclined obtain abortion without husbands knowledge perceived problems economic constraints future plans husbands previously expressed opposition may obviated discussion prior abortion opinion concurring part dissenting part state also legitimate interest promoting integrity marital relationship previously recognized importance marital relationship society planned parenthood central mo danforth supra view spousal notice requirement rational attempt state improve truthful communication spouses encourage collaborative decisionmaking thereby fosters marital integrity see labine vincent power make rules establish protect strengthen family life committed state legislatures petitioners argue notification requirement interest assert majority wives already notify husbands abortion decisions remainder excellent reasons keeping decisions secret first case argue law unnecessary second case serve foster marital discord threats harm thus petitioners see law totally irrational means furthering whatever legitimate interest state might view unrealistic assume every relationship either perfect type truthful important communication take place matter course imperfect upon notice husband react selfishly violently contrary best interests wife see planned parenthood central mo danforth supra stevens concurring part dissenting part making similar point context parental consent statute spousal notice provision admittedly unnecessary circumstances possibly harmful others existence particular cases feature statute performs function even counterproductive ordinarily render statute unconstitutional even constitutionally suspect thornburgh american college obstetricians gynecologists white dissenting pennsylvania legislature position weigh likely benefits provision likely adverse effects presumably concluded balance provision beneficial whether wise decision say irrational therefore conclude spousal notice provision comports constitution see harris mcrae mission decide whether balance competing interests wise social policy act also imposes various reporting requirements section requires abortion facilities file report abortion performed reports include identity women abortions performed contain variety information abortions example report must include identities performing referring physicians gestational age fetus time abortion basis medical judgment medical emergency existed see see appendix opinion kennedy souter ante district found reports kept completely confidential conclude reporting requirements rationally state legitimate interests advancing state medical knowledge concerning maternal health prenatal life gathering statistical information respect patients ensuring compliance provisions act section act requires abortion facility file report name address well names addresses parent subsidiary affiliated organizations section requires facility file quarterly reports stating total number abortions performed broken trimester reports available public facility received state funds within preceding months see appendix opinion kennedy souter ante petitioners challenge requirement facilities provide information contend however forced public disclosure information given facilities receiving public funds serves legitimate state interest disagree records relating expenditure public funds generally available public pennsylvania law see tit purdon supp appeals observed hen state provides money private commercial enterprise legitimate public interest informing taxpayers funds benefiting services funds supporting reporting requirements rationally legitimate state interest finally petitioners challenge medical emergency exception provided act existence medical emergency exempts compliance act informed consent parental consent spousal notice requirements see act defines medical emergency hat condition basis physician good faith clinical judgment complicates medical condition pregnant woman necessitate immediate abortion pregnancy avert death delay create serious risk substantial irreversible impairment major bodily function observe pennsylvania present definition medical emergency almost exact copy state definition time ruling thornburgh one made reference apparent approval clear pennsylvania legislature knows provide medical emergency exception chooses find interpretation appeals case eminently reasonable provision thus upheld woman faced condition poses significant threat life health exempted act consent notice requirements may proceed immediately abortion iv reasons stated therefore hold challenged provisions pennsylvania statute consistent constitution bears emphasis conclusion regard carry necessary approval regulations task always decide whether challenged provisions law comport constitution believe wisdom matter public policy people pennsylvania decide two years roe west german constitutional contrast struck law liberalizing access abortion grounds life developing within womb constitutionally protected judgment february bverfge translated jonas gorby west german abortion decision contrast roe wade john marshall proc canadian followed reasoning similar roe striking law restricted abortion morgentaler queen joint opinion justices kennedy souter appears ignore point concluding spousal notice provision imposes undue burden abortion decision ante instances notification requirement operates without difficulty district found vast majority wives seeking abortions notify consult husbands thus suffer burden result provisions example notification required husband father pregnancy result reported spousal sexual assault woman fears bodily injury result notifying husband thus instances well notification provision imposes obstacle abortion decision joint opinion puts one side situations regulation imposes obstacle instead focuses group married women otherwise notify husbands qualify one exceptions narrowed focus joint opinion concludes large fraction cases notification provision operates substantial obstacle ante provision therefore invalid certainly instances woman prefer notify husband yet qualify exception example situations battered women fear psychological abuse injury children result notification situations women fear bodily injury qualify exception situations woman become pregnant result unreported spousal sexual assault assault unreported exception available district found also instances woman prefers notify husband variety reasons see example woman might desire obtain abortion without husband knowledge perceived economic constraints husband previously expressed opposition abortion joint opinion concentrates situations involving battered women unreported spousal assault assumes without support record instances constitute large fraction cases women prefer notify husbands qualify exception ante assumption based hard evidence however helpful attempt reach desired result one easily assume battered women situations form percent cases women desire notify constitute percent cases reliance speculation necessary result adopting undue burden standard definition use time provided follows medical emergency condition basis physician best clinical judgment complicates pregnancy necessitate immediate abortion avert death mother delay create grave peril immediate irreversible loss major bodily function pa tit purdon views matter unchanged set forth separate opinions webster reproductive health services opinion concurring part concurring judgment ohio akron center reproductive health akron ii concurring opinion may wish permit abortion demand constitution require permissibility abortion limitations upon resolved like important questions democracy citizens trying persuade one another voting acknowledges reasonable people disagree government adopt one position ante correct adding qualification assumes state affairs choice intrude upon protected liberty crucial part qualification penultimate word state choice two positions reasonable people disagree constitutional even often case intrudes upon liberty absolute sense laws bigamy example entire societies reasonable people disagree intrude upon men women liberty marry live one another bigamy happens liberty specially protected constitution quite simply issue case whether power woman abort unborn child liberty absolute sense even whether liberty great importance many women course issue whether liberty protected constitution sure reach conclusion anything exalted views concerning concept existence meaning universe mystery human life ibid rather reach reason reach conclusion bigamy constitutionally protected two simple facts constitution says absolutely nothing longstanding traditions american society permitted legally proscribed akron ii supra scalia concurring destroys proposition evidently meant represent position liberty includes practices defined specific level protected government interference rules law fourteenth amendment ratified ante citing michael gerald opinion scalia however michael says merely observes defining liberty may disregard specific relevant tradition protecting denying protection asserted right ibid wish fettered limitations preferences statement tempting acknowledge authoritativeness tradition order cur discretion federal judges ante course rhetoric rather reality government official tempted place restraints upon freedom action lord acton say power tends purify temptation quite opposite natural direction towards systematically eliminating checks upon power succumbs beyond brief summary essence position swell reports repetition said applying rational basis test uphold pennsylvania statute entirety must however respond outrageous arguments today opinion beyond human nature leave unanswered shall discuss quotation opinion pertain inescapable fact adjudication substantive due process claims may call upon interpreting constitution exercise capacity tradition courts always exercised reasoned judgment ante authors joint opinion course squarely contend roe wade correct application reasoned judgment merely must followed stare decisis ante exhaustive discussion factors go determination stare decisis observed disregarded never mention wrong decision face surely power lies legitimacy product substance perception ante substance part equation demands plain error acknowledged eliminated roe plainly wrong even methodology reasoned judgment even course proper criteria text tradition applied emptiness reasoned judgment produced roe displayed plain view fact years effort brightest determined legal minds country cases upholding abortion rights dozens upon dozens amicus briefs submitted cases best explain word liberty must thought include right destroy human fetuses rattle collection adjectives simply decorate value judgment conceal political choice right abort told inheres liberty among person basic decisions ante involves intimate personal choic ante central personal dignity autonomy ibid originate within zone conscience belief ante intimate personal state interference ibid reflects intimate views deep personal character ante involves intimate relationships notions personal autonomy bodily integrity ante concerns particularly important decisio ante citation omitted obvious anyone applying reasoned judgment adjectives applied many forms conduct including one justices today majority see bowers hardwick held entitled constitutional protection like abortion forms conduct long criminalized american society adjectives might applied example homosexual sodomy polygamy adult incest suicide equally intimate deep ly personal decisions involving personal autonomy bodily integrity constitutionally proscribed unquestionable constitutional tradition proscribable reasoned judgment supports decision personal predilection justice curtis warning timely today years ago hen strict interpretation constitution according fixed rules govern interpretation laws abandoned theoretical opinions individuals allowed control meaning longer constitution government individual men time power declare constitution according views mean dred scott sandford dissenting opinion liberty finds refuge jurisprudence doubt ante joint opinion frankly concedes amorphous concept undue burden inconsistently applied members brief years since test first explicitly propounded justice dissent akron see see ante three justices wish set forth standard general application joint opinion announces important clarify meant undue burden ibid certainly agree agree joint opinion succeeds announced endeavor contrary efforts clarification make clear standard inherently manipulable prove hopelessly unworkable practice joint opinion explains state regulation imposes undue burden purpose effect placing substantial obstacle path woman seeking abortion nonviable fetus ante see also ante obstacle substantial told calculated inform woman free choice hinder ante latter statement possibly mean says regulation abortion intended advance joint opinion concedes state substantial interest protecting unborn life calculated hinder decision abortion thus seems accurate say joint opinion uphold abortion regulations unduly hinder woman decision course brings us right back square one defining undue burden undue hindrance substantial obstacle hardly clarifies test consciously joint opinion verbal shell game conceal raw judicial policy choices concerning appropriate abortion legislation ultimately standardless nature undue burden inquiry reflection underlying fact concept principled coherent legal basis chief justice points roe strict scrutiny standard least recognized basis constitutional law time roe decided ante said undue burden standard created largely whole cloth authors joint opinion ibid joint opinion flatly wrong asserting jurisprudence relating liberties save perhaps abortion recognized permissibility laws impose undue burden ante argues abortion right similar rights law designed strike right incidental effect making difficult expensive exercise right invalid ante agree indeed forcefully urged law general applicability places incidental burden fundamental right infringe right see paul employment dept human resources smith principle establish quite different quite dangerous proposition law directly regulates fundamental right found violate constitution unless imposes undue burden course issue pennsylvania consciously directly regulated conduct cases held constitutionally protected appropriate analogy therefore state law requiring purchasers religious books endure waiting period pay nominal additional tax joint opinion possibly correct suggesting uphold legislation ground impose substantial obstacle exercise first amendment rights undue burden standard generally applicable principle joint opinion pretends rather unique concept created specially case preserve judicial foothold territory claiming otherwise three justices show willingness place constitutional rights risk effort preserve deem central holding roe ante rootless nature undue burden standard phrase plucked context earlier abortion decisions see supra reflected fact joint opinion finds necessary expressly repudiate narrow formulations used justice earlier opinions ante opinions stated statute imposes undue burden imposes absolute obstacles severe limitations abortion decision akron dissenting opinion emphasis added see also thornburgh american college obstetricians gynecologists dissenting opinion strong adjectives conspicuously missing joint opinion whose authors unexplained reason determined burden undue merely imposes substantial obstacle abortion decisions see ante justice also abandoned without explanation view expressed planned parenthood assn kansas city ashcroft dissenting opinion medical regulation imposes undue burden nevertheless upheld reasonably relate preservation protection maternal health citation internal quotation marks omitted today version even health measures upheld constitute undue burden ante emphasis added gone justice statement state possesses compelling interests protection potential human life throughout pregnancy akron supra dissenting opinion emphasis added see also ashcroft supra concurring judgment part dissenting part thornburgh supra dissenting instead state interest unborn human life stealthily downgraded merely substantial profound interest ante done course since designating interest compelling throughout pregnancy shall say substantial obstacle joint opinion determined effort reaffirm views central holding roe see akron viability longer arbitrary dividing line previously decried justice akron announces attainment viability may continue serve critical fact ante difficult maintain illusion interpreting constitution rather inventing one amend provisions breezily portion joint opinion adopting describing undue burden test provides useful guidance empty phrases discussed one must turn pages applying standard present facts guidance evaluating pennsylvania abortion law joint opinion relies extensively factual findings district repeatedly qualifies conclusions noting contingent upon record developed case thus joint opinion uphold waiting period contained pennsylvania statute informed consent provision record evidence shows vast majority cases delay create appreciable health risk ante three justices therefore conclude record us convinced waiting period constitutes undue burden ante requirement doctor provide information pertinent informed consent also upheld evidence record requirement amount practical terms substantial obstacle woman seeking abortion ante similarly joint opinion uphold reporting requirements act showing record us requirements constitute substantial obstacle abortion decisions ante time opinion pointedly observes reporting requirements may increase costs abortions point fact become substantial obstacle ibid significantly joint opinion conclusion spousal notice requirement act see imposes undue burden based large measure district detailed findings fact joint opinion sets great length ante course objection notion applying legal principles one rely upon facts contained record properly subject judicial notice remarkable joint opinion analysis result measurable clarification undue burden standard rather approach joint opinion part simply highlight certain facts record apparently strike three justices particularly significant establishing refuting existence undue burden describing facts opinion simply announces provision either impose substantial obstacle undue burden see ante know whether conclusions reached different record respects record differ opposite conclusion appropriate inherently standardless nature inquiry invites district judge give effect personal preferences abortion finding relying upon right facts invalidate seem almost abortion restriction strikes undue subject course possibility reversed appeals unconstrained reviewing decision making extent discern meaningful content undue burden standard applied joint opinion appears state may regulate abortion way reduce significantly incidence joint opinion repeatedly emphasizes important factor undue burden analysis whether regulation prevent significant number women obtaining abortion ante whether significant number women likely deterred procuring abortion ibid whether regulation often deters women seeking abortions ante told however forms deterrence impermissible degree success deterrence much tolerated example state required woman read pamphlet describing illustrations facts fetal development obtain abortion effect legislation might deter significant number women procuring abortions thereby seemingly allowing district judge invalidate undue burden thus despite flowery rhetoric state substantial profound interest potential human life criticism roe undervaluing interest joint opinion permits state pursue interest long successful justice blackmun recognizes evident hope ante undue burden standard may ultimately require invalidation provision upheld today shown better record state effectively express ing preference childbirth abortion ante reason finds refuge jurisprudence confusion appreciate weight arguments roe overruled reservations us may reaffirming central holding roe outweighed explication individual liberty given combined force stare decisis ante certainly good position dispute saved central holding roe since effectively know saved turn require understand undue burden test means must confess however always thought think lot people always thought arbitrary trimester framework today discards quite central roe arbitrary viability test today retains seems particularly ungrateful carve trimester framework core roe since rigidity sharp contrast utter indeterminability undue burden test probably reason able say urging stare decisis roe sense proven unworkable ante suppose entitled call central holding whatever wants call central holding come think perhaps one difficulties modified version stare decisis thought might note however following portions roe saved roe requiring woman seeking abortion provided truthful information abortion giving informed written consent unconstitutional information designed influence choice thornburgh akron joint opinion undue burden regime applied today least requirement constitutional ante roe requiring information provided doctor rather nonphysician counselors unconstitutional akron supra undue burden regime applied today least ante roe requiring waiting period time woman gives informed consent time abortion unconstitutional akron supra undue burden regime applied today least ante roe requiring detailed reports include demographic data woman seeks abortion various information abortion unconstitutional thornburgh supra undue burden regime applied today least generally ante performance judicial duties decides case way resolve sort intensely divisive controversy reflected roe decision dimension resolution normal case carry dimension present whenever interpretation constitution calls contending sides national controversy end national division accepting common mandate rooted constitution ante roe mandate abortion demand destroyed compromises past rendered compromise impossible future required entire issue resolved uniformly national level time roe created vast new class abortion consumers abortion proponents eliminating moral opprobrium attached act constitution guarantees abortion bad accurate line thought natural one many favor developments say wrong portray roe statesmanlike settlement divisive issue jurisprudential peace westphalia worth preserving nothing less orwellian roe fanned life issue inflamed national politics general obscured smoke selection justices particular ever since keeping us business perpetuation disruption rather pax roeana new majority decrees overrule fire subvert legitimacy tested following implicitly undertakes remain steadfast promise constancy given binds maker long power stand decision survives commitment obsolete american people belief people aspire live according rule law readily separable understanding invested authority decide constitutional cases speak others constitutional ideals legitimacy undermined country ability see constitutional ideals ante judiciary direction either strength wealth society take active resolution whatever may truly said neither force merely judgment federalist pp wills ed candid citizen must confess policy government upon vital questions affecting whole people irrevocably fixed decisions people ceased rulers extent practically resigned government hands eminent tribunal lincoln first inaugural address mar reprinted inaugural addresses presidents doc agree indeed appalled suggestion decision whether stand erroneous constitutional decision must strongly influenced overruling less substantial continuing public opposition decision generated judgment course subvert legitimacy must another consequence reading history book described deeply divided country brought together roe history book covered dishonor deprived legitimacy dred scott sandford erroneous widely opposed opinion abandon rather west coast hotel parrish produced famous switch time erroneous widely opposed constitutional opposition social measures new deal dred scott one line cases resisting new deal rested upon concept substantive due process praises employs today indeed dred scott possibly first application substantive due process original precedent lochner new york roe wade currie constitution footnotes omitted whether subvert legitimacy notion decide case differently way otherwise order show stand firm public disapproval frightening bad enough idea even head someone like believes text constitution traditions say say fiddling mind believes constitution evolving meaning see ante ninth amendment reference othe rights disclaimer charter action ibid function speak others people constitutional ideals unrestrained meaningful text tradition notion must adhere decision long decision faces great opposition fire acquires character almost czarist arrogance offended marchers descend upon us every year anniversary roe protest saying constitution requires society never thought constitution requires people refuse tested following must taught lesson cossacks least stubbornly refuse abandon erroneous opinion might otherwise change show little intimidate us course chief justice points subjected calls political pressure sides issue ante maybe today decision overrule roe seen buckling pressure direction instead engaging hopeless task predicting public perception job lawyers political campaign managers justices legally right asking two questions roe correctly decided roe succeeded producing settled body law answer questions roe undoubtedly overruled truth distressed expressed distress several years ago see webster political pressure directed marches mail protests aimed inducing us change opinions upsetting many citizens good people lawless ones sides abortion issue various sides issues well think justices properly take account views though engaged ascertaining objective law determining kind social consensus profit think giving less attention fact distressing phenomenon attention cause cause permeates today opinion new mode constitutional adjudication relies upon text traditional practice determine law upon calls reasoned judgment ante turns nothing philosophical predilection moral intuition manner liberties tells us inhere constitution enforceable mentioned text established traditions society ante even ninth amendment says enumeration constitution certain rights shall construed deny disparage others retained people despite contrary understanding almost years literally boundless source additional unnamed rights definable enforceable us reasoned judgment ante makes relevant bothersome application political pressure twin facts american people love democracy american people fools long thought people thought justices essentially lawyers work reading text discerning society traditional understanding text public pretty much left us alone texts traditions facts study convictions demonstrate reality process constitutional adjudication consists primarily making value judgments ignore long clear tradition clarifying ambiguous text example five days ago declaring unconstitutional invocations benedictions public high school graduation ceremonies lee weisman say pronouncement constitutional law rests primarily value judgments free intelligent people attitude towards us expected quite different people know value judgments quite good taught law school maybe better indeed liberties protected constitution says undefined unbounded people demonstrate protest implement values instead confirmation hearings new justices deteriorate sessions senators go list constituents favored disfavored alleged constitutional rights seek nominee commitment support oppose value judgments voted dictated constitution somehow accidentally committed least sort plebiscite time new nominee body put forward justice blackmun regards prospect equanimity solicits ante comes vividly mind portrait emanuel leutze hangs harvard law school roger brooke taney painted year life chief justiceship second opinion dred scott black sitting shadowed red armchair left hand resting upon pad paper lap right hand hanging limply almost lifelessly beside inner arm chair sits facing viewer staring straight seems face eyes expression profound sadness disillusionment perhaps always looked way even dwelling upon happiest thoughts us know lustre great chief justiceship came eclipsed dred scott help believing case already apparent consequences consequences nation burning mind expect two years earlier thought call ing contending sides national controversy end national division accepting common mandate rooted constitution realistic us case think issue sort involved issue involving life death freedom subjugation speedily finally settled president james buchanan inaugural address said issue slavery territories see inaugural addresses presidents quite contrary foreclosing democratic outlet deep passions issue arouses banishing issue political forum gives participants even losers satisfaction fair hearing honest fight continuing imposition rigid national rule instead allowing regional differences merely prolongs intensifies anguish get area right neither country good remaining suggestion ante adherence tradition require us uphold laws interracial marriage entirely wrong tradition case contradicted text equal protection clause explicitly establishes racial equality constitutional value see loving virginia case bar deal statutes containing racial classifications fact equal application immunize statute heavy burden justification fourteenth amendment traditionally required state statutes drawn according race see also stewart concurring judgment enterprise launched roe wade contrast sought establish teeth clear contrary tradition value found nowhere constitutional text course comparable tradition barring recognition liberty interest carrying one child term free state efforts kill reason follow constitution protect childbirth simply protect abortion contention ante way protect childbirth protect abortion shows utter bankruptcy constitutional analysis deprived tradition validating factor drives one say way protect right eat acknowledge constitutional right starve oneself death justice blackmun parade adjectives similarly empty abortion among intimate personal choices ante matter central personal dignity autonomy ibid involves personal decisions profoundly affect bodily integrity identity destiny ante justice stevens much less conclusory decision choose abortion matter highest privacy personal nature ante involves difficult choice serious personal consequences major importance woman future ibid authority make traumatic yet empowering decisio element basic human dignity ibid nothing less matter conscience ibid joint opinion clearly wrong asserting ante early abortion cases adhered undue burden standard passing use phrase justice blackmun opinion bellotti baird bellotti way setting forth standard unconstitutionality justice later opinions way expressing conclusion unconstitutionality justice powell time appeared employ variant undue burden analysis several nonmajority opinions see bellotti baird bellotti ii carey population services international opinion concurring part concurring judgment ultimately rejected standard opinion akron akron center reproductive health akron joint opinion reliance maher roe harris mcrae entirely misplaced since cases involve regulation abortion mere refusal fund event justice earlier formulations apparently proved unsatisfactory three justices name stare decisis less today find necessary devise entirely new version undue burden analysis see ante joint opinion asserts law imposing undue burden abortion decisions permissible means serving legitimate state interests ante description undue burden standard terms commonly associated rational basis test come surprise even followed closely wanderings forsaken wilderness see akron supra dissenting undue burden represents required threshold inquiry must conducted require state justify legislative actions exacting compelling state interest standard see also hodgson minnesota concurring part concurring judgment part thornburgh american college obstetricians gynecologists dissenting confusing equation two standards apparently designed explain one justices joined plurality opinion webster reproductive health services adopted test join opinion expressly adopting undue burden test see rejecting view abortion fundamental right instead inquiring whether law regulating woman liberty interest abortion reasonably designed legitimate state ends motive also apparently underlies joint opinion erroneous citation plurality opinion ohio akron center reproductive health akron ii opinion kennedy applying undue burden test see ante using citation support proposition two us two authors joint opinion previously applied test fact akron ii mention undue burden standard conclusion opinion statute issue impose undue otherwise unconstitutional burden emphasis added fail see anyone think saying statute impose unconstitutional burden standard including undue burden test amounts adopting undue burden test exclusive standard citation hodgson reflecting justice kennedy justice shared premises ante similarly inexplicable since word undue never even used former opinion case joined justice kennedy opinions hodgson akron ii grateful suppose joint opinion claim adopted undue burden test course justice correct former view arbitrariness viability line confirmed inability offer justification beyond conclusory assertion point unborn child life reason fairness thought override interests mother ante precisely magical second machines currently use though necessarily available particular woman able keep unborn child alive apart mother creature suddenly able constitution protected law whereas magical second makes sense according infants legal protection point feed joint opinion entirely faithful principle however approving district factual findings respect spousal notice provision relies extensively nonrecord materials reliance upon adds number factual conclusions ante additional factfinding pertains matters surely subject reasonable dispute evid joint opinion must operating premise legislative rather adjudicative facts see rule find undue burden simply selectively right social science articles see point emphasizing requiring detailed factual findings district justice blackmun effort preserve much roe possible leads read joint opinion constan steadfast believed contends joint opinion undue burden standard requires application strict scrutiny minimis abortion regulations ante true substantial obstacle ante joint opinion thing minimis obstacle plainly