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The District Court held all the provisions unconstitutional, and permanently enjoined their enforcement. 91-744 is affirmed in part and reversed in part, and the case is remanded. JUSTICE O'CONNOR, JUSTICE KENNEDY, and JUSTICE SOUTER delivered the opinion of the Court with respect to Parts I, II, and III, concluding that consideration of the fundamental constitutional question resolved by Roe v. In this case, the Pennsylvania statute directs that counselors provide women seeking abortions with information concerning alternatives to abortion, the availability of medical assistance benefits, and the possibility of child support payments. The statute requires that this information be given to all women seeking abortions, including those for whom such information is clearly useless, such as those who are married, those who have undergone the procedure in the past and are fully aware of the options, and those who are fully convinced that abortion is their only reasonable option. In the abortion area, a State may have no obligation to spend its own money, or use its own facilities, to subsidize nontherapeutic abortions for minors or adults. Decisions since Webster gave little reason to hope that this flame would cast much light. And I fear for the darkness as four Justices anxiously await the single vote necessary to extinguish the light. 4 The joint opinion recognizes that these assumptions about women's place in society "are no longer consistent with our The Court has held that limitations on the right of privacy are permissible only if they survive "strict" constitutional scrutiny - that is, only if the governmental entity imposing the restriction can demonstrate that the limitation is both necessary and narrowly tailored to serve a compelling governmental interest. My response to this attack remains the same as it was in Webster: "Were this a true concern, we would have to abandon most of our constitutional jurisprudence. He argues that the record in favor of a right to abortion is no stronger than the record in Michael H. For THE CHIEF JUSTICE, the facts that gave rise to Roe are surprisingly simple: women become pregnant, there is a point somewhere, depending on medical technology, where a fetus becomes viable, and women give birth to children. This characterization of the issue thus allows THE CHIEF JUSTICE quickly to discard the joint opinion's reliance argument by asserting that "reproductive planning could take virtually immediate account of" a decision overruling Roe. States may regulate abortion procedures in ways rationally related to a legitimate state interest. That, I regret, may be exactly where the choice between the two worlds will be made. Just as the Due Process Clause protects the deeply personal decision of the individual to refuse medical treatment, it also must protect the deeply personal decision to obtain medical treatment, including a woman's decision to terminate a pregnancy. The joint opinion, following its newly minted variation on stare decisis, retains the outer shell of Roe v. We believe that Roe was wrongly decided, and that it can and should be overruled consistently with our traditional approach to stare decisis in constitutional cases. 490 (1989), and uphold the challenged provisions of the Pennsylvania statute in their entirety. We have never had occasion, as we have in the parental notice context, to further parse our parental consent Jurisprudence into one-parent and two-parent components. But three years later, in Danforth, the Court extended its abortion jurisprudence and held that a State could not require that a woman obtain the consent of her spouse before proceeding with an abortion. In Akron, we held unconstitutional a regulation requiring a physician to inform a woman seeking an abortion of the status of her pregnancy, the development of her fetus, the date of possible viability, the complications that could result from an abortion, and the availability of agencies providing assistance and information with respect to adoption and childbirth. Akron Center for Reproductive Health, supra, 462 U. Even when a State has sought only to provide information that, in our view, was consistent with the Roe framework, we concluded that the State could not require that a physician furnish the information, but instead had to alternatively allow nonphysician counselors to provide it. Although a State can require that second-trimester abortions be performed in outpatient clinics, see Simopoulos v. A woman's interest in having an abortion is a form of liberty protected by the Due Process Clause, but States may regulate abortion procedures in ways rationally related to a legitimate state interest. American College of Obstetricians and Gynecologists, 476 U. In our view, it is entirely rational and fair for the State to conclude that, in most instances, the family will strive to give a lonely or even terrified minor advice that is both compassionate and mature. Section 3209 of the Act contains the spousal notification provision. See Appendix to opinion of O'Connor, Kennedy, and Souter, JJ., ante, at 908-909. But the provision here involves a much less intrusive requirement of spousal notification, not consent. Judgment of February 25, 1975, 39 BVerf GE I (translated in Jonas & Gorby, West German Abortion Decision: A Contrast to Roe v. And were it helpful to an attempt to reach a desired result, one could just as easily assume that the battered women situations form 100 percent of the cases where women desire not to notify, or that they constitute only 20 percent of those cases. My views on this matter are unchanged from those I set forth in my separate opinions in Webster v. The Court is correct in adding the qualification that this "assumes a state of affairs in which the choice does not intrude upon a protected liberty," ibid., - but the crucial part of that qualification is the penultimate word. Wade was a correct application of "reasoned judgment"; merely that it must be followed, because of stare decisis. But in their exhaustive discussion of all the factors that go into the determination of when stare decisis should be observed and when disregarded, they never mention "how wrong was the decision on its face? The emptiness of the "reasoned judgment" that produced Roe is displayed in plain view by the fact that, after more than 19 years of effort by some of the brightest (and most determined) legal minds in the country, after more than 10 cases upholding abortion rights in this Court, and after dozens upon dozens of amicus briefs submitted in this and other cases, the best the Court can do to explain how it is that the word "liberty" must be thought to include the right to destroy human fetuses is to rattle off a collection of adjectives that simply decorate a value judgment and conceal a political choice.


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