|Thornburgh v. American College of Obstetricians and Gynecologists|
|Argued November 5, 1985|
Decided June 11, 1986
|Full case name||Thornburgh, Governor of Pennsylvania, et al. v. American College of Obstetricians and Gynecologists, et al.|
|Citations||476 U.S. 747 ( more )|
|Prior||737 F.2d 283 (3d Cir. 1984 (affirmed)|
|Provisions of the Pennsylvania Abortion Control Act of 1982 that "wholly subordinate constitutional privacy interests and concerns with maternal health to the effort to deter a woman from making a decision that, with her physician, is hers to make" were unconstitutional.|
|Majority||Blackmun, joined by Brennan, Marshall, Powell, Stevens|
|Dissent||White, joined by Rehnquist|
|Dissent||O'Connor, joined by Rehnquist|
|U.S. Const. amend. XIV|
|Dobbs v. Jackson Women's Health Organization (2022)|
|Planned Parenthood v. Casey (1992)|
Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986), was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982.
In 1982, Pennsylvania passed the Abortion Control Act, which imposed a 24 hour waiting period and required that prospective patients be provided with information (such as the probable stage of the patient's pregnancy, the availability of child welfare benefits, and the possibility of receiving child support from the patient's sexual partner) as part of the "informed consent" process prior to all abortion procedures.The American College of Obstetricians and Gynecologists filed suit in the Eastern District of Pennsylvania seeking an injunction to prevent the law from being enforced on constitutional grounds. The district court denied the plaintiffs' request for injunctive relief and the plaintiffs appealed to the Third Circuit Court of Appeals. The Third Circuit then reversed and enjoined enforcement of the Act. Pennsylvania then appealed to the Supreme Court which granted review.
In a 5–4 decision, the Supreme Court affirmed the Third Circuit's decision to enjoin enforcement of the Act. Justice Harry Blackmun, writing for the majority, held that the Act's requirement of providing information to the patient as part of the "informed consent" process "seem[s] to us to be nothing less than an outright attempt to wedge the Commonwealth's message discouraging abortion into the privacy of the informed-consent dialogue between the woman and her physician."
Justice Sandra Day O'Connor distanced herself from the court in dissent, "disput[ing] not only the wisdom but also the legitimacy of the Court's attempt to discredit and pre-empt state abortion regulation regardless of the interests it serves and the impact it has."The 7–2 majority of Roe had now shrunk to 5–4.
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark case of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the imposition of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
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Harry Andrew Blackmun was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in Roe v. Wade, which, from January 22, 1973, to June 24, 2022, prohibited most state and federal restrictions on abortion.
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Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent. Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
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The American College of Obstetricians and Gynecologists (ACOG) is a professional association of physicians specializing in obstetrics and gynecology in the United States. Several Latin American countries are also represented within Districts of the organization. It is a 501(c)(3) organization with a membership of more than 60,000 obstetrician-gynecologists and women's health care professionals. It was founded in 1951.
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