1982 Abortion Control Act now in court test.
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The plaintiffs challenged the constitutionality of the Pennsylvania Abortion Control Act of 1982, arguing that it impermissibly burdened a woman's right to have an abortion. The Court found unconstitutional the following aspects of the law: 1) the lack of a requirement that a minor's petition would be sealed from the moment that it is filed; 2) the provision that reports filed by facilities receiving public funds be subject to public inspection; 3) the requirement that the referring physician be identified on the individual abortion report; 4) the requirement that facilities report the length and weight of any fetus aborted after the nineteenth week of pregnancy; 5) the requirement that a physician report the basis for his medical judgment; 6) the requirement that information regarding the woman's personal history be included in the reports; and 7) the requirement that a physician make a determination of the viability of a fetus prior to performing an abortion after the nineteenth week of pregnancy. The Court upheld the following provisions of the law: 1) the requirement that the abortion provider receive from the parent a nonnotarized verification, stating that the signer was the minor's parent or legal guardian; 2) general reporting requirements; 3) the requirement that the physician performing the abortion be identified in the report; 4) the requirement that the legislature prepare a statistical report from information on abortions contained in individual reports; and 5) requests that reports contain information on "estimated menstrual weeks of gestation," the nature of complications, medical treatment given, and the nature and extent of any permanent condition caused by any complications.
The Court was asked to consider the constitutionality of rules promulgated under the Pennsylvania Abortion Control Act regarding procedures by which pregnant women under the age of eighteen who are not emancipated or were judged incompetent could obtain judicial authorization for an abortion. It held that rules a) allowing parents to be present in judicial proceedings, b) not requiring a court trial to compel appointment of counsel for the minor, and c) permitting the appointment of a guardian ad litem for the minor, were not unconstitutional. It also held unconstitutional, however, rules that a) allowed a twenty-three day judicial delay; b) failed to provide for expedited appeal when the trial court fails to act; c) required that a minor's petition be verified by notarized affidavit; and d) failed to include procedures for incompetents. In 1987 another United States District Court ruled that provisions requiring a parent or other adult to accompany a minor seeking an abortion and requiring the use of a minor's name and social security number in a petition seeking to bypass parental authorization without requiring that records be sealed were unconstitutional (Planned Parenthood of Atlanta Area vs. Harris, United States District Court, N.D. Georgia, Atlanta Division, 8 September 1987 [670 F.Supp. 971]).
The effects of long acting oxytetracycline in controlling outbreaks of enzootic abortion of ewes were studied over three consecutive years in 13 different commercial flocks. When used in the face of an outbreak the compound produced a statistically significant reduction in abortion in treated ewes when compared to untreated controls. There was, however, only a marginal difference in the overall abortion rate between treated and untreated groups of ewes in known infected flocks, where the drug was used in anticipation of an abortion storm, mainly because the abortion rate was too low in the control group. It is suggested that oxytetracycline therapy should only be used in an effort to control an actual abortion outbreak on the understanding that the treatment will not eradicate infection from the flock.
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The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's methods do not create an "undue burden" on the decision. Any restriction on abortion is a burden; whether it is "undue" (and therefore unconstitutional) depends on one's circumstances. The Court appears to view the difference between an undue burden and mere inconvenience from the perspective of privilege. The restrictions that were upheld may not significantly affect middle-class access to abortion, but they could prove insurmountable for many less privileged women.
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