Sweeny v. Replogle

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• presuming that an abortion statute imposing strict criminal and civil penalties must contain a scienter requirement to avoid being held unconstitutional
• recognizing the plurality opinion “as the Supreme Court’s definitive statement of the constitutional law on abortion”
• emphasizing that “[e]ven if South Dakota’s exception were otherwise acceptable, its failure to provide an alternative procedure for these minors would doom it”
• acknowledging that \non-abusive parents who differ from their daughters on religious or moral grounds over abortion may be prepared to prevent their daughters from obtaining abortions even when those abortions are in the daughters' best interests\
• striking down a South Dakota statute that applied strict criminal and civil liability for violation of the medical emergency provision without a scienter requirement
• acknowledging that “non-abusive parents who differ from their daughters on religious or moral grounds over abortion may be prepared to prevent their daughters from obtaining abortions even when those abortions are in the daughters’ best interests”

Source: CourtListener parenthetical corpus (CC0).