Abortion Decisions Flashcards
Planned Parenthood v. Danforth
Constitutional rights don’t magically come into being upon a certain age. Have to balance the privacy interest of a minor (Roe v. Wade) with parental interest in raising a child as they see fit (Pierce). Can’t constitutionally impose a blanket consent requirement b/c no significant state interests (not safeguarding the family or parental authority, etc. b/c family structure is already fractured if teen isn’t willing to tell family). The state doesn’t have the constitutional authority to give a 3rd party an absolute and possibly arbitrary veto over the abortion decision.
Carey v. Population Services International
Minors possess liberty interests in privacy under the due process clause to make procreation/contraception decisions. Inhibiting this privacy right can only be done if the state has a significant interest that isn’t present in the case of an adult
Bellotti v. Baird
Children don’t have the constitutional rights of adults b/c (i) peculiarly vulnerable, (ii) unable to make critical decisions in an informed mature manner and (iii) parents have an important role in child rearing. The unique nature of the abortion decision requires the state to act with particular sensitivity when it legislates to foster parental involvement. Can’t do blanket consent law, but consent is ok with a judicial bypass to allow minor to prove (a) mature enough and well informed enough to make abortion decision or (b) even if not able to make decision, the desired abortion would be in her best interest.
Ohio v. Akron Center for Reproductive Health
Abortion consent-judicial bypass statute must satisfy 4 criteria (i) allow minor to show she possesses the maturity and info to make her abortion decision without regard to her parents’ wishes (ii) procedure must allow minor to show even if she can’t make abortion decision herself, the desired abortion would be in her best interests (iii) procedure must insure minor’s anonymity - differs from confidentiality (know and keep quiet v. no one knows) but we don’t find complete anonymity critical and (iv) must conduct procedure with expedition to allow minor effective opportunity to secure abortion. Clear and convincing evidence is a fine standard - minor will be assisted by an attorney and a g.a.l, plus no one will oppose her. The pleading scheme isn’t to difficult - she has to pick 1 of 3 (to allege maturity, best interest, or both) and courts are likely going to be sympathetic if she messes up. And it’s okay that the doctor has to give notice b/c its different then having a doctor inform a woman of the routine risks of an abortion (a nurse/counselor could do that); it allows the doctor to gather more medical/psychological info to better care for his patient. Ultimately it is rational and fair for the state to conclude that in most instances, the family will strive to give a lonely or even terrified minor advice that is both compassionate and mature.
