The Supreme Court struck down a state law containing a number of restrictions on a woman’s right to obtain an abortion, but only five justices continued to use the strict scrutiny test in evaluating the constitutionality of such restrictions.
Pennsylvania’s Abortion Control Act of 1982 had five major requirements: First, women were to be advised of available medical assistance; second, physicians were to inform women of the risks and detrimental effects of abortions; third, abortion providers were to attempt to save the life of a postviable fetus; fourth, two physicians were to be present during the performance of postviable abortions; and fifth, providers were to report all abortions to the state. These regulations were similar to those that the Supreme Court, by a 6-3 margin, had ruled unconstitutional in Akron v. Akron Center for Reproductive Health
In Thornburgh, the restrictions were ruled unconstitutional by a 5-4 vote. Justice Harry A. Blackmun,
Abortion
Akron v. Akron Center for Reproductive Health
Due process, substantive
Fundamental rights
Judicial scrutiny
Privacy, right to
Webster v. Reproductive Health Services