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In 19921992, the U.S. Supreme Court decided the case of Planned Parenthood of Southeastern Pennsylvania v. Casey. As a result of that case, a woman continues to have a right to an abortion before the fetus is viable (before the fetus could live independently outside the mother's womb). After fetal viability, however, states have increased power to restrict the availability of abortions. The state maintains the power to restrict some abortions because of its legitimate interests in protecting the health of the woman and the potential life of the fetus.

States can pass some laws that regulate abortion, but these laws cannot place a "substantial obstacle in the path of a woman seeking an abortion," the Court said in the Casey decision. However, the Court declined to define specifically what constitutes a substantial obstacle. This decision held that regulations were constitutional if they did not place an "undue burden" on obtaining an abortion. For example, the decision allowed a regulation that requires a woman to give "informed consent" at least 2424 hours before the planned abortion takes place.

Which of the following laws, if any, would place an undue burden on the right to obtain an abortion? Give reasons for each answer.

A state law requires a 2424-hour waiting period between the time of the woman's decision to have the abortion and the actual procedure.

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A law providing for a waiting period of 24 hours from the date of the abortion decision until the very act of abortion is fully justified and even desirable.

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