Roe v Wade and Planned Parenthood v Casey

In Planned Parenthood of the Southeastern Pennsylvania v Casey (1992), the Supreme ruled all of the following EXCEPT - the right to liberty includes the right to privacy under the 14th Amendment Due Process Clause - the State cannot completely limit abortions due to the personal nature that is involved in a woman's right to choose - Roe v Wade and Griswold v Connecticut do not have influence on the Planned Parenthood v Casey decision - The Court should not have interpreted the limits of the 14th Amendment based upon its meaning of the time of the 14th Amendment's adoption

Roe v Wade and Griswold v Connecticut do not have influence on the Planned Parenthood v Casey decision

According to Roe v Wade, only personal rights that can be deemed ___ OR ___ are included in the guarantee of personal privacy - "fair" or "accessible" - "fundamental" or "implicit in the concept of ordered liberty" - "fundamental" or "supreme" - " competent" or " Constitutional"

"fundamental" or "implicit in the concept of ordered liberty"

In Roe v Wade, Justice Blackmun argued that the current Supreme Court believed the right to privacy existed in what specific part of the Constitution? - In the 10th Amendment, Reserved Powers - Founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action - Only in the 9th Amendment - all of these are correct answers

- Founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action

In Roe v Wade, the majority opinion said that previous Supreme Courts have found the privacy located in which of the following: 1. In the roots of the First, Fourth, and Fifth amendments 2. In the penumbras of the Bill of Rights 3. In the Ninth Amendment 4. In the first section of the 14th amendment - 1, 2, and 4 - 1, 2, 3, and 4 - 3, and 4 - 2, 3, and 4

1, 2, 3, and 4

All of the following are true concerning the Supreme Court's majority opinion in Roe v Wade EXCEPT - The State's compelling state interest to protect the mother's health and add certain abortion requirements begins at the end of the first trimester of pregnancy - Prior to the first trimester, the attending physician, in consultation with the patient, is free to determine, without regulation by the State, in the physician's medical judgement, the patient's pregnancy should be terminated - The Court argued it is their job to determine when life begins as part of their case obligation - The State's compelling state interest to protect the health of the mother as the pregnancy and fetus grow

The Court argued it is their job to determine when life begins as part of their case obligation

All of the following are true of the majority decision in Roe v Wade EXCEPT - There is physical and psychological detriment that could be caused in a woman was denied the right to choose an abortion - The right of privacy is broad enough to encompass a woman's decision whether or not to terminate her pregnancy - The woman's right to select an abortion and that she is entitled to terminate her pregnancy - The Court's decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate

The woman's right to select an abortion is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses.

In Roe v Wade, the Supreme Court required a state to prove a ___ when enacting an abortion law during viability of the fetus. In Planned Parenthood v Casey, the Supreme Court said state abortion laws must prove that the law is not ___ to a woman's right to an abortion before the viability of the fetus - a compelling state interest/ an irrational state interest - a compelling state interest/ an undue burden - a reasonable reason/ an undue burden - an undue burden/ a compelling state interest

a compelling state interest/ an undue burden

In Justice Rehnquist, Roe v Wade, dissent he stated all of the following EXCEPT - a medical abortion is considered "private" in the ordinary usage - require this Court to examine the legislative policies and pass the wisdom of these policies in the very process of deciding whether a particular state interest put forward may or may not be "compelling" - if the Texas statue were to prohibit an abortion even where the mother's life is in jeopardy, there is little doubt that such a statute would lack a rational relation to a valid state objective - The decision here to break pregnancy into three distinct terms and to outline permissible restrictions the State may impose in each one.

a medical abortion is considered "private" in the ordinary usage

Under the Planned Parenthood v Casey decision a state places an undue burden on access to an abortion when the state does which of the following? - the state ensures a 24 hour abortion waiting period - a state places a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability - a state places structural mechanism to protect the health of the mother and fetus - a state places any abortion regulation during the pregnancy

a state places a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability

According to Planned Parenthood of Southeastern Pennsylvania v Casey (1992), the Supreme Court ____ the trimester system established under the Roe v Wade as a ___ prohibition on all previability regulation aimed at the protection of fetal life - maintain/necessary - reinforce/prosper - abandon/ rigid -restrict / positive

abandon/ rigid

If a woman requires an abortion, the woman is not required to notify her spouse of the abortion due to - the spousal consent form may cause physical and mental inquiry to the mother preventing her from obtaining access to an abortion - the spousal requirement will impose a substantial obstacle for access to an abortion - victims of spousal sexual assault are extremely reluctant to report the abuse to the government - all of these are correct

all of these are correct

In the majority opinion in the Roe v Wade, the Supreme Court states that the word person - as used in the Fourteenth Amendment, does include the unborn - as used in the Fourteenth Amendment, does not include the unborn - as used in the Ninth Amendment, does not include the unborn - as used i the Ninth Amendment, does include the unborn

as used in the Fourteenth Amendment, does not include the unborn

In Roe v Wade, with respect to the State's important and legitimate interest in protecting potential life, the "compelling" point is - at the end of the first trimester - at viability of the fetus - not allowed since there is not a compelling point for the state to protect the health of the fetus - at the end of the second trimester

at viability of the fetus

When the state is regulating a fundamental right, the state must - Justify that regulation only be a "compelling state interest" - create legislative enactments involving that fundamental right which must be narrowly drawn to express only the legislative state interests at stake - None of these are correct - both of these are correct

both of these are correct

Justice Scalia's dissent in Planned Parenthood v Casey argued the right to have an abortion does not fall under the United States Constitution due to which of the following? - The longstanding traditions of American society have permitted it to be legally proscribed (prevented) - The Constitution says absolutely nothing about it - Both of these are correct answers - None of the are correct answers

both of these are correct answers

Planned Parenthood v Casey has been considered a case that allows for - less state restriction on abortions - greater state abortion laws during different stages of pregnancy - limited changes on state abortion laws and only in the second trimester - none of these are correct trimester

greater state abortion laws during different stages of pregnancy

According to Roe v Wade, during the third trimester of a pregnancy (the subsequent stage after the viability stage) the state - may only regulate abortions but not proscribe (prevent) abortions in any manner - may not interfere in the decision between a mother ad her physician in concerning abortion - may completely prevent (proscribe) all abortions - regulate, and even forbid (proscribe) abortions except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.

regulate, and even forbid (proscribe) abortions except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.

According to the ruling in Planned Parenthood v Casey (1992), which of these limits on an abortion is NOT permissible? - Requiring a 24-hour waiting period before the abortion - Requiring that the spouse's permission be obtained prior to an abortion - Requiring that all abortions be performed in hospitals - Requiring mandatory counseling prior to obtaining an abortion

requiring that the spouse's permission be obtained prior to an abortion

All of the following are true of the Supreme Court ruling in Roe v. Wade (1973) EXCEPT - The Supreme Court used a sequence (trimester) approach to balance the woman's right to privacy with the state's compelling interest - the Supreme Court said that the right to privacy was NOT founded in the concept of personal liberty of the Due Process Clause of the 14th amendment - ruled that state criminal abortion laws violated a woman's right to privacy - The Supreme Court ruled that the person as used in the 14th amendment does not include the unborn

the Supreme Court said that the right to privacy was NOT founded in the concept of personal liberty of the Due Process Clause of the 14th amendment

According to Justice Blackmun's opinion, what are three primary reasons states enacted abortion restrictions, for the most part, in the latter half of the 19th century? - ensuring marriage purity, following ancient customs and tradition, and protecting prenatal health - the product of a Victorian social concern to discourage illicit sexual conduct, protect the health of the mother, and protecting prenatal life - both are correct - none are correct

the product of a Victorian social concern to discourage illicit sexual conduct, protect the health of the mother, and protecting prenatal life

According to the majority opinion in Planned Parenthood v Casey, - the state only has an interest in protecting potential life in the third trimester - the state has an interest in protecting the fetal life even during the first trimester - both are correct - none are correct

the state has an interest in protecting the fetal life even during the first trimester

The Planned Parenthood v Casey case established a new test to determine whether a state's abortion law was considered constitutional called - the burden test - the validity test - the trimester scheme - the undue burden test

the undue burden test

According to Justice Scalia's Planned Parenthood v Casey Dissent, only ___ can abortions be allowed - through state court decisions and Federal Court decisions - through democracy and voting - through Court decisions and democracy - through the United States Constitution and federal law

through democracy and voting

According to Roe v Wade, Art 1196 of the Texas Penal Code, in restricting legal abortions to those "procured or attempted by medical advice for the purpose of saving the life of the mother," sweeps ___ and therefor is a violation of the ___. - too narrowly/ 14th Amendment Due Process Clause - too broadly/ 14th Amendment Due Process Clause - too narrowly/ 5th Amendment Due Process Clause - too broadly/ 5th Amendment Due Process Clause

too broadly/ 14th Amendment Due Process Clause

All of the following abortion requirements were upheld in Planned Parenthood v Casey EXCEPT - wife is required to receive consent of the husband prior to an abortion - requires certain reporting requirements for abortion facilities - minors receive parental or judicial consent prior to an abortion - a state required 24 hour waiting period prior to an abortion

wife is required to receive consent of the husband prior to an abortion