Thornburgh v. American College of Obstetricians & Gynecologists
 | This article needs attention from an expert in Law. Please add a reason or a talk parameter to this template to explain the issue with the article. (February 2015) |
| Thornburgh v. American College of Obstetricians and Gynecologists | |
|---|---|
 | |
| Argued November 5, 1985 Decided June 11, 1986 | |
| Full case name | Thornburgh, Governor of Pennsylvania, et al. v. American College of Obstetricians and Gynecologists, et al. |
| Citations | 476 U.S. 747 (more) 106 S. Ct. 2169; 90 L. Ed. 2d 779; 54 U.S.L.W. 4618 |
| Case history | |
| Prior | 737 F.2d 283 (3d Cir. 1984 (affirmed) |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by Brennan, Marshall, Powell, Stevens |
| Concurrence | Stevens |
| Dissent | Burger |
| Dissent | White, joined by Rehnquist |
| Dissent | O'Connor, joined by Rehnquist |
| Laws applied | |
| U.S. Const. amend. XIV | |
Overruled by | |
| Planned Parenthood v. Casey (1992) | |
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]
Case facts
The American College of Obstetricians and Gynecologists sought an injunction to all enforcement of the Pennsylvania law. Although the law in question was similar to the one in City of Akron v. Akron Center for Reproductive Health, in Thornburgh the Reagan Administration asked the justices to overrule Roe v. Wade, a case which Chief Justice Burger had now decided to abandon.[1]
Opinion
Justice Blackmun's opinion for the Court rejected the Reagan Administration's position, reaffirming Roe. Justice 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."[2] The 7-2 majority of Roe had now shrunk to 5-4.
Aftermath
Justice Blackmun's opinion in Thornburgh emphasized women's rights, rather than the rights of physicians, the emphasis of his opinion in Roe. He wrote: "Few decisions are more personal and intimate, more properly private, or more basic to individual dignity and autonomy, than a woman's decision - with the guidance of her physician and within the limits specified in Roe - whether to end her pregnancy. A woman's right to make that choice freely is fundamental."[3]
See also
- List 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 Court
References
- ^ a b Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183.
- ^ http://www.law.cornell.edu/supct/html/historics/USSC_CR_0476_0747_ZD2.html
- ^ http://www.law.cornell.edu/supct/html/historics/USSC_CR_0476_0747_ZO.html
External links
- Text of Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986) is available from: Findlaw Justia Cornell LII