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In , 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 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 that the father of the baby provide written consent before a woman is able to obtain an abortion.
Solution
VerifiedThe law that requires the consent of the child's father to an abortion, which must be expressed in writing, certainly represents an additional and unnecessary burden for obtaining an abortion permit.
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