City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), was a case in which the United States Supreme Court

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 affirmed its abortion

Abortion

Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

 rights jurisprudence. The case, decided June 15, 1983, struck down an Ohio

Ohio

Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 abortion law

Abortion law

Abortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...

 with several provisions.

Provisions of the law and decision regarding them

• Abortions after the first trimester must be performed in a hospital.
  • Unconstitutional: while the state has a compelling interest in regulating abortion after the first trimester, accepted medical practice does not recommend that all second-trimester abortions be performed in a hospital. The regulation imposes an unnecessary burden that has the effect of infringing upon the constitutional right to an abortion.
• A physician may not perform an abortion on an unmarried minor under 15 without obtaining either consent from one of her parents or a judicial bypass.
  • Unconstitutional: the law and the Ohio courts provide no suitable mechanism for a minor to gain a judicial bypass, as the relevant laws and courts concerning juveniles do not mention abortion or establish the authority to determine the maturity or emancipation of a minor.
• Before performing an abortion, the physician must inform the patient of the status of the pregnancy, stage of fetal development, expected date of viability, health risks of abortion, and availability of adoption agencies and childbirth resources.
  • Unconstitutional: the script, ostensibly provided to ensure informed consent, was found to be geared towards influencing the patient to choose not to have an abortion. The state may not attempt to influence the patient's choice between abortion and childbirth. The Ohio regulation extends the state's interest in informed consent beyond permissible limits, interfering with the discretion of the physician and placing unreasonable obstacles in his path.
    • The requirement that doctors tell patients that the fetus is "a human life from the moment of conception" also violates the provision in Roe v. Wade
      Roe v. Wade
      Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
      
      that "a State may not adopt one theory of when life begins to justify its regulation of abortions."
    • The detailed description of the fetus that doctors are required to provide is speculative.
    • The list of risks of abortion that the doctor is required to provide is "intended to suggest that abortion is a particularly dangerous procedure" and also overrides the physician's judgment, as he must tell his patient specific risks even if they are not present for that patient.
• A 24-hour waiting period is imposed after the patient signs a consent form.
  • Unconstitutional: no state interest is served by the imposition of an "arbitrary and inflexible" waiting period.
• Physicians must ensure that fetal remains are disposed of in a "humane and sanitary manner."
  • Unconstitutional: because criminal sanctions are imposed upon doctors who break this law, "humane" is unconstitutionally vague and a violation of due process. Rather than strike down "humane" and preserve "sanitary," the court struck down the entire provision.

Dissent

In her dissenting opinion, Justice O'Connor (joined by Justices White and Rehnquist), urged that "the 'unduly burdensome' standard" from two prior cases, Maher v. Roe and Bellotti v. Baird

Bellotti v. Baird (1979)

Bellotti v. Baird, 443 U.S. 622 is a United States Supreme Court case that ruled that teenagers do not have to secure parental consent to obtain an abortion.In Bellotti vs. Baird, the court, 8-1, elaborates on its parental consent decision of 1976...

"be applied to the challenged regulations throughout the entire pregnancy without reference to the particular 'stage' of pregnancy involved." The "undue burden" test was later to gain acceptance by a plurality of the Court in Planned Parenthood v. Casey

Planned Parenthood v. Casey

Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...

(1992), which replaced the earlier "strict scrutiny" standard of review of abortion regulations with the lesser "undue burden" standard, a standard which remains in effect.

City of Akron v. Akron Center for Reproductive Health was overruled by the plurality in Planned Parenthood v. Casey

Planned Parenthood v. Casey

Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...

.

External links

• 462 U.S. 416 at the Oyez Project