Thornburgh v. American College of Obstetricians & Gynecologists
December 06, 2023
Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986), was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982.[1][2]
Thornburgh v. American College of Obstetricians and Gynecologists
Provisions of the Pennsylvania Abortion Control Act of 1982 that "wholly subordinate constitutional privacy interests and concerns with maternal health to the effort to deter a woman from making a decision that, with her physician, is hers to make" were unconstitutional.
In 1982, Pennsylvania passed the Abortion Control Act, which imposed a 24 hour waiting period and required that prospective patients be provided with information (such as the probable stage of the patient's pregnancy, the availability of child welfare benefits, and the possibility of receiving child support from the patient's sexual partner) as part of the "informed consent" process prior to all abortion procedures.[3][4] The American College of Obstetricians and Gynecologists filed suit in the Eastern District of Pennsylvania seeking an injunction to prevent the law from being enforced on constitutional grounds. The district court denied the plaintiffs' request for injunctive relief and the plaintiffs appealed to the Third Circuit Court of Appeals. The Third Circuit then reversed and enjoined enforcement of the Act. Pennsylvania then appealed to the Supreme Court which granted review.
In a 5–4 decision, the Supreme Court affirmed the Third Circuit's decision to enjoin enforcement of the Act. Justice Harry Blackmun, writing for the majority, held that the Act's requirement of providing information to the patient as part of the "informed consent" process "seem[s] to us to be nothing less than an outright attempt to wedge the Commonwealth's message discouraging abortion into the privacy of the informed-consent dialogue between the woman and her physician."[4]
Justice Sandra Day O'Connor distanced herself from the court in dissent, "disput[ing] not only the wisdom but also the legitimacy of the Court's attempt to discredit and pre-empt state abortion regulation regardless of the interests it serves and the impact it has."[1] The 7–2 majority of Roe had now shrunk to 5–4.
^ ab"Thornburgh v. Amer. Coll. Of Obstetricians, 476 U.S. 747 (1986)".
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Text of Thornburgh v. American College of Obstetricians and Gynecologists, 476U.S. 747 (1986) is available from:CornellCourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
December 06, 2023
thornburgh, american, college, obstetricians, gynecologists, thornburgh, american, college, obstetricians, gynecologists, 1986, united, states, supreme, court, case, involving, challenge, pennsylvania, abortion, control, 1982, thornburgh, american, college, ob. Thornburgh v American College of Obstetricians and Gynecologists 476 U S 747 1986 was a United States Supreme Court case involving a challenge to Pennsylvania s Abortion Control Act of 1982 1 2 Thornburgh v American College of Obstetricians and GynecologistsSupreme Court of the United StatesArgued November 5 1985Decided June 11 1986Full case nameThornburgh Governor of Pennsylvania et al v American College of Obstetricians and Gynecologists et al Citations476 U S 747 more 106 S Ct 2169 90 L Ed 2d 779 54 U S L W 4618 1986 U S LEXIS 54Case historyPrior737 F 2d 283 3d Cir 1984 affirmed HoldingProvisions of the Pennsylvania Abortion Control Act of 1982 that wholly subordinate constitutional privacy interests and concerns with maternal health to the effort to deter a woman from making a decision that with her physician is hers to make were unconstitutional Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunLewis F Powell Jr William RehnquistJohn P Stevens Sandra Day O ConnorCase opinionsMajorityBlackmun joined by Brennan Marshall Powell StevensConcurrenceStevensDissentBurgerDissentWhite joined by RehnquistDissentO Connor joined by RehnquistLaws appliedU S Const amend XIVOverruled byPlanned Parenthood v Casey 1992 Contents 1 Decision 2 See also 3 References 4 External linksDecision editIn 1982 Pennsylvania passed the Abortion Control Act which imposed a 24 hour waiting period and required that prospective patients be provided with information such as the probable stage of the patient s pregnancy the availability of child welfare benefits and the possibility of receiving child support from the patient s sexual partner as part of the informed consent process prior to all abortion procedures 3 4 The American College of Obstetricians and Gynecologists filed suit in the Eastern District of Pennsylvania seeking an injunction to prevent the law from being enforced on constitutional grounds The district court denied the plaintiffs request for injunctive relief and the plaintiffs appealed to the Third Circuit Court of Appeals The Third Circuit then reversed and enjoined enforcement of the Act Pennsylvania then appealed to the Supreme Court which granted review In a 5 4 decision the Supreme Court affirmed the Third Circuit s decision to enjoin enforcement of the Act Justice Harry Blackmun writing for the majority held that the Act s requirement of providing information to the patient as part of the informed consent process seem s to us to be nothing less than an outright attempt to wedge the Commonwealth s message discouraging abortion into the privacy of the informed consent dialogue between the woman and her physician 4 Justice Sandra Day O Connor distanced herself from the court in dissent disput ing not only the wisdom but also the legitimacy of the Court s attempt to discredit and pre empt state abortion regulation regardless of the interests it serves and the impact it has 1 The 7 2 majority of Roe had now shrunk to 5 4 See also editList of United States Supreme Court cases volume 476 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases by the Burger CourtReferences edit a b Thornburgh v American College of Obstetricians amp Gynecologists 476 U S 747 1986 Greenhouse Linda Becoming Justice Blackmun Times Books 2005 Page 183 The Supreme Court Printable Page PBS a b Thornburgh v Amer Coll Of Obstetricians 476 U S 747 1986 External links edit nbsp Works related to Thornburgh v American College of Obstetricians and Gynecologists at Wikisource Text of Thornburgh v American College of Obstetricians and Gynecologists 476 U S 747 1986 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio Retrieved from https en wikipedia org w index php title Thornburgh v American College of Obstetricians 26 Gynecologists amp oldid 1180357865, wikipedia, wiki, book, books, library,
