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| City of Akron v. Akron Center for Reproductive Health | ||||||
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| Argued 30 November, 1982 Decided 15 June, 1983 |
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| Full case name |
City of Akron v. Akron Center for Reproductive Health, Et Al.
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| Prior history | Sixth Circuit Court of Appeals | |||||
| Holding | ||||||
| The city of Akron, Ohio's then-current abortion law was unconstitutional. | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
| Majority | Powell, joined by Berger, Brennan, Marshall, Blackmun, Stevens | |||||
| Dissent | O'Connor, joined by White, Rehnquist | |||||
| Laws applied | ||||||
| Roe v. Wade | ||||||
City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983)1, was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence. The case, decided June 15, 1983, struck down an Ohio abortion law requiring a 24-hour wait following counseling, which includes the statement "the unborn child is a human life from the moment of conception".
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. Roe2 and Bellotti v. Baird "be applied to the challenged regulations throughout the entire pregnancy without reference to the particular 'stage' of pregnancy involved."1 The "undue burden" test was later to gain acceptance by a plurality of the Court in Planned Parenthood v. Casey (1992), which replaced the strict scrutiny of abortion regulations under with the lesser "undue burden" standard, a standard which remains in effect.3
City of Akron v. Akron Center for Reproductive Health was overruled by the plurality in Planned Parenthood v. Casey.
References
- ^ a b FindLaw
- ^ MAHER V. ROE, 432 U. S. 464 (1977) - US Supreme Court Cases from Justia & Oyez
- ^ "The undue burden standard is binding on lower courts, see Marks v. United States, 430 U.S. 188, 193 (1977) (defining the holding of a divided Court as the view of the members of the Court who concurred on the narrowest grounds), although for stare decisis purposes, only the portion of the three-Justice opinion that garnered five votes counts as a full-fledged precedent in the Supreme Court itself." Michael C. Dorf, INCIDENTAL BURDENS ON FUNDAMENTAL RIGHTS, 109 Harv. L. Rev. 1175 at Note 197.
See also
External links
- Text of City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983) is available from: · Enfacto · Findlaw · Justia
- 462 U.S. 416 at the Oyez Project
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- This page was last modified on 11 September 2008, at 23:09.
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