Thornburgh v. American College of Obstetricians and Gynecologists (1985)
- Docket
- 84-495
- Decided
- 1985-01-01
Summary
Question: Did the Pennsylvania requirements unconstitutionally interfere with the right to privacy? Conclusion: In a 5-to-4 decision, the Court held that the Pennsylvania requirements "wholly subordinate[d] constitutional privacy interests and concerns with maternal health" and were attempts to deter women from making their own choices concerning abortion. The Court held that 1) the "informed consent" and printed materials provisions unduly intruded upon the privacy of patients and physicians; 2) the reporting and viability determination provisions were designed to identify and deter women from having abortions through the threat of harassment; and 3) the post-viability care and second physician provisions unconstitutionally interfered with the health of the mother by increasing delays and medical risks.