Rule Evid. The requirement that a physician disclose certain We invoke it once again to define the freedom guaranteed by the Constitution's own promise, the promise of liberty. spousal consent which the joint opinion adopts. on each abortion is constitutional because it rationally furthers the the "legitimacy" of this Court. Under these precedents, in our view, the one-parent consent requirement and judicial bypass procedure are constitutional. The correct analysis is that set forth by the plurality opinion in Webster, supra: A woman's interest in having an abortion is a form of liberty protected by the Due Process Clause, but States may regulate abortion procedures in ways rationally related to a legitimate state interest. functioning marriages, spouses discuss important intimate decisions such as whether to bear a child. The Constitution serves human values, and while the effect of reliance on Roe cannot be exactly measured, neither can the certain costs of overruling Roe for people who have ordered their thinking and living around that case be dismissed. Nearly a century ago, Justice David J. Section 3214(f) further requires each facility to file quarterly reports stating the total number of abortions performed, broken down by trimester. Id., at 157. In the abortion area, a State may have no obligation to spend its own money, or use its own facilities, to subsidize nontherapeutic abortions for minors or adults. to convey only accurate scientific information about the unborn child at the various gestational ages. Before birth, however, the issue takes on a very different cast. Contrary to the suggestion of the joint opinion, ante, at 876, it is not a "contradiction" to recognize that the State may have a legitimate interest in potential human life and, at the same time, to conclude that that interest does not justify the regulation of abortion before viability (although other interests, such as maternal health, may). be fully informed. "(e) Representation in proceedings.--The pregnant woman may participate in proceedings in the court on her own behalf and the court may appoint a guardian ad litem to assist her. Herbert, Silver, & Ellard, Coping with an Abusive Relationship: 1. applied, which the opinion anticipates. Stanley v. Illinois, 405 U. S. 645, 651-653 (1972). Ante, at 877. Where the Court acts to resolve the sort of unique, intensely divisive controversy reflected in Roe, its decision has a dimension not present in normal cases and is entitled to rare precedential force to counter the inevitable efforts to overturn it and to thwart its implementation. Because abortion involves the purposeful termination of potential life, the abortion decision must be recognized as sui generis, different in kind from the rights protected in the earlier cases under the rubric of personal or family privacy and autonomy. Fourteen years later, West Coast Hotel Co. v. Parrish, 300 U. S. 379 (1937), signaled the demise of Lochner by overruling Adkins. Surely it is dubious to suggest that women have reached their "places in society" in. of one parent for a minor to obtain an abortion, but provides a These expressions are admittedly not precise, but our decisions implementing this notion of "fundamental" rights do not afford any more elaborate basis on which to base such a classification. undue burden and is therefore invalid. Weighing the law’s supposed benefit and evident burden as instructed by Whole Woman’s Health, Judge Baker, who was named to the Federal District Court in Little Rock by President Barack Obama, observed that “the court does not have an explanation from the legislature of the purpose of the law.” So on the benefit side, there was an absence of definition, while on the burden side, the impact was clear: The law would result in “rendering abortions essentially unavailable in the state of Arkansas starting at 14 weeks.” Thus, the burden was undue. In this respect, the statute is unexceptional. That is a highly aggressive move for lower court judges to make. In a less significant case, stare decisis analysis could, and would, stop at the point we have reached. Ante, at 847-849. We first emphasize that Pennsylvania has not imposed a spousal consent requirement of the type the Court struck down in Planned Parenthood of Central Mo. (d) Although Roe has engendered opposition, it has in no sense proven unworkable, representing as it does a simple limitation beyond which a state law is unenforceable. No majority of this Court has ever agreed upon an alternative approach. Like the spousal notice requirement itself, this provision places an undue burden on a woman's choice, and must be invalidated for that reason. But the provision here involves a much less intrusive requirement of spousal notification, not consent. The undue burden standard adopted by the joint opinion of Justices O'Connor, Kennedy, and Souter has no basis in constitutional law and will not result in the sort of simple limitation, easily Justice O'Connor, Justice Kennedy, and Justice Souter I am 83 years old. JUSTICE BLACKMUN'S effort to preserve as much of Roe as possible leads him to read the joint opinion as more "constan[t]" and "steadfast" than can be believed. Because neither the factual underpinnings of Roe's central holding nor our understanding of it has changed (and because no other indication of weakened precedent has been shown), the Court could not pretend to be reexamining the prior law with any justification beyond a present doctrinal disposition to come out differently from the Court of 1973. None of these decisions endorsed an all-encompassing "right of privacy," as Roe, supra, at 152-153, claimed. into another person's body.'" Pp.869-879. Given these premises, we find it imperative to review once more the principles that define the rights of the woman and the legitimate authority of the State respecting the termination of pregnancies by abortion procedures. After considering the fundamental constitutional questions resolved by Roe, principles of institutional integrity. comes close to being, state medicine imposed upon the woman, not the professional medical guidance she seeks, and it officially structures-as it obviously was intended to do-the dialogue between the woman and her physician. Webster, supra: A woman's interest in having an abortion is a form One law makes it a crime for a doctor to use the most common and safest method for terminating a pregnancy in the second trimester. contains exceptions for pregnancies endangering a woman's life or This Court has previously recognized "the importance of the marital relationship in our society." "(2) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician, or a qualified physician assistant, health care practitioner, technician or social worker to whom the re-. Id., at 67. reliance on Roe cannot be exactly measured, neither can the certain Every abortion facility must also file quarterly reports showing the number of abortions performed broken down by trimester. The Court's decision in Hodgson v. Minnesota, 497 U. S. 417 (1990), validating a 48-hour waiting period for minors seeking an abortion to permit parental involvement does not alter this conclusion. And the historical traditions of the American people-as evidenced by the English common. § 3206 (1990). decision has a dimension that the resolution of the normal case does not carry. The joint opinion is clearly wrong in asserting, ante, at 874, that "the Court's early abortion cases adhered to" the "undue burden" standard. 261, 350-380 (1992); Sunstein, Neutrality in Constitutional Law (With Special Reference to Pornography, Abortion, and Surrogacy), 92 Colum. some abortions more expensive and less convenient, it cannot be said 947 F. 2d, at 703. Studies reveal that family violence occurs in two million families in the United States. In today's version, even health measures will be upheld only "if they do not constitute an undue burden," ante, at 878 (emphasis added). . WHITE, SCALIA, and THOMAS, JJ., joined, post, p. 944. A State's choice between two positions on which reasonable people can disagree is constitutional even when (as is often the case) it intrudes upon a "liberty" in the absolute sense. P. 966. Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 874 (1992) (plurality opinion). In the process, we made clear that the trimester framework incorporated only one definition of viability-ours-as we forbade States to decide that a certain objective indicator-"be it weeks of gestation or fetal weight or any other single factor"-should govern the definition of viability. of liberty protected by the Due Process Clause, but States may Williamson, 316 U. S. 535 (1942). . Parenthood of Central Mo. woman's choice in any way. State restrictions on abortion compel women to continue pregnancies they otherwise might terminate. which Rehnquist, C. J., and White and Thomas, JJ., joined. "(ii) The probable gestational age of the unborn child at the time the abortion is to be performed. Both of these reports are available to the public only if the facility received state funds within the preceding 12 months. Like the Roe framework, these. Thus, we have upheld regulations of abortion that are not efforts to sway or direct a woman's choice, but rather are efforts to enhance the deliberative quality of that decision or are neutral regulations on the health aspects of her decision.
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