Planned Parenthood of Central Missouri v. Danforth (Planned Parenthood of Central Missouri v Danforth)

From Wikipedia, the free encyclopedia

1976 United States Supreme Court case

Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), is a United States Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion . The Court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent (in the case of a minor) or a spouse (in the case of a married woman).

Background of the case

[(https://en.wikipedia.org/w/index.php?title=Planned_Parenthood_of_Central_Missouri_v._Danforth&action=edit&section=1 "Edit section: Background of the case")
]

The District Court's ruling

[(https://en.wikipedia.org/w/index.php?title=Planned_Parenthood_of_Central_Missouri_v._Danforth&action=edit&section=2 "Edit section: The District Court's ruling")
]

The plaintiffs brought suit in the United States District Court for the Eastern District of Missouri , seeking injunctive relief. Pursuant to 28 U.S.C. § 2281, the court convened a three-judge panel to try the case. The panel consisted of Eighth Circuit Judge William Hedgcock Webster , District Judge Harris Kenneth Wangelin , and Senior District Judge Roy Winfield Harper . The court held that Section 6(1) of the challenged act, which "prescribe[d] the standard of care which a person performing an abortion must exercise for the protection of the fetus" was unconstitutionally overbroad. It upheld the rest of the challenged act. Judge Webster concurred with the panel majority in finding 6(1) overboard and upholding "the constitutional validity of Section 2(2)[1] (defining "viability"), Section 3(2) (requiring the woman's written consent to an abortion), Section 10 (maintenance of records) and Section 11 (retention of records)." He dissented from the majority opinion with respect to four other provisions: 3(3) (spousal consent requirement), 3(4) (parental consent requirement), 7 (termination of parental rights if child is born alive), and 9 (prohibition of saline amniocentesis method of abortion). Planned Parenthood of Central Missouri v. Danforth, 392 F.Supp. 1362 , 1365 (E.D. Missouri 1975).

The Court's opinions

[(https://en.wikipedia.org/w/index.php?title=Planned_Parenthood_of_Central_Missouri_v._Danforth&action=edit&section=3 "Edit section: The Court's opinions")
]

The majority opinion

[(https://en.wikipedia.org/w/index.php?title=Planned_Parenthood_of_Central_Missouri_v._Danforth&action=edit&section=4 "Edit section: The majority opinion")
]

The court struck down the provisions of the statute that required spousal and parental consent to obtain an abortion. The court upheld the statute's recordkeeping requirement for abortion facilities and physicians that perform abortions.

In addressing the issue of spousal consent, the Court upheld the lower court's decision that just as the state could not regulate or proscribe abortion during the first 12 weeks of pregnancy nor could the state "delegate to a spouse veto power."

References

[(https://en.wikipedia.org/w/index.php?title=Planned_Parenthood_of_Central_Missouri_v._Danforth&action=edit&section=6 "Edit section: References")
]

↑ Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976).
↑ Young, Julia L. (1977). "Constitutional Law: Elimination of Spousal and Parental Consent Requirements for Abortion" . Washburn Law Journal. 16 (2): 463–464. PMID 11664766 . Retrieved April 16, 2014.
↑ Planned Parenthood of Central Missouri v. Danforth, 392 F. Supp. 1362 (E.D. Mo. 1975).