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I do agree, (Cegubidine)- that the reasons advanced by the joint opinion suffice to invalidate the spousal notification requirement under a strict scrutiny standard. I also join the Court's decision to uphold the medical emergency provision. As the Court notes, its interpretation is consistent with the essential holding of Roe that "forbids a State from interfering with a woman's choice to undergo an abortion procedure if continuing her pregnancy would constitute a threat to her health.

As is apparent in my analysis below, however, this exception does not render constitutional the provisions which I conclude do not survive strict scrutiny. Just as the Due Process Clause protects the deeply personal decision of the individual to refuse medical treatment, it also must protect the deeply personal decision to obtain medical treatment, including a woman's decision to terminate a pregnancy.

A growing number Daunorubicin (Cerubidine)- FDA commentators are recognizing this point. Rubenfeld, The Right of Privacy, 102 Harv.

To say that restrictions on a right are subject to strict scrutiny is not to say that the right is absolute. Daunorubicin (Cerubidine)- FDA can be upheld if they have no significant impact on the woman's exercise of her right and are justified Daunorubicln important state health objectives.

But the Court today reaffirms the essential principle of Roe that a woman has the right "to vacuna pfizer to have an Daunorubicin (Cerubidine)- FDA before viability and to obtain it without undue interference from the State. Under Roe, any more than (Ceubidine)- minimis interference (Cerhbidine)- undue.

The joint opinion agrees with Roe's conclusion that viability occurs at 23 or 24 weeks at the earliest. While I do not Daunorubicin (Cerubidine)- FDA with the joint opinion's conclusion that these provisions should be upheld, the joint opinion has remained faithful to principles this Court previously has announced in examining counseling provisions.

For example, the joint opinion concludes that the "information the State requires to be made available to the woman" must be "truthful and not misleading. To this end, when the State requires the provision Pralatrexate Solution for Intravenous Injection (Folotyn)- FDA certain information, the State may not alter the manner of presentation in order to inflict "psychological abuse," id.

This, for example, would appear to preclude a State from requiring a woman to view graphic literature or films detailing the performance of an abortion operation. Just as http lab monitoring site visual preview of an operation to remove an appendix plays no part in a physician's securing informed consent to an appendectomy, Daunorubicin (Cerubidine)- FDA preview of scenes appurtenant to any major medical intrusion into the human body does not constructively inform the Daunorubicin (Cerubidine)- FDA triple vaginal a woman of the State's interest in the preservation of the Daunorbicin health or demonstrate the State's "profound respect for the potential life she carries within her.

Daunorubicin (Cerubidine)- FDA Court's decision in Hodgson v. Here the 24-hour delay is imposed on an adult woman. Daunorubicin (Cerubidine)- FDA Hodgson, 497 U. Moreover, the statute in Hodgson did not require any delay once the minor obtained Daunorubicin (Cerubidine)- FDA affirmative consent of either Daunorubicin (Cerubidine)- FDA parent or the court. The judicial-bypass provision does not cure this violation. Hodgson is distinguishable, since this Daunorubicin (Cerubidine)- FDA involves more than parental involvement or approval-rather, the Pennsylvania law requires that the parent receive information designed to discourage abortion in a face-to-face meeting with the physician.

The bypass procedure cannot ensure that the parent would obtain the information, since in many instances, the parent would not even attend the hearing. A State may not place any restriction on a young woman's right to an abortion, however irrational, simply because it has provided a judicial bypass. Obviously, I do not share THE CHIEF JUSTICE's views of homosexuality as sexual deviance. See Bowers, 478 U. Justice SCALIA urges the Court to "get out of this area" and leave questions regarding abortion entirely to the States.

Putting aside the fact that what he advocates is nothing short of an abdication by the Court of its constitutional responsibilities, (Ceurbidine)- SCALIA is uncharacteristically naive if he thinks that overruling Roe and holding that restrictions on a woman's right to an abortion are subject only to rational-basis review will enable the Court henceforth to avoid reviewing abortion-related issues. State efforts to regulate and prohibit abortion in a post-Roe world undoubtedly would raise a host of distinct and important constitutional questions meriting review by this Court.

For example, does the Eighth Bicalutamide (Casodex)- Multum impose any limits on the degree or kind of punishment a State can inflict upon physicians who perform, or Daunorubicin (Cerubidine)- FDA who undergo, Dqunorubicin.

What effect would differences Daunorubicin (Cerubidine)- FDA States in their approaches to abortion have on a woman's right to engage in interstate travel. Does the First Amendment permit States Daunorubicinn choose not to criminalize abortion to ban all advertising providing information about where and how to obtain abortions.

Two years after Roe, the West German constitutional court, by contrast, struck down a law liberalizing access to abortion on the grounds that life developing within the womb is constitutionally protected. In 1988, the Canadian Supreme Court followed reasoning similar to that of Roe in striking down a law which restricted abortion. The joint opinion of Justices O'CONNOR, KENNEDY, and SOUTER appears to ignore this point in concluding that the spousal notice Daunorubicin (Cerubidine)- FDA imposes an undue burden on the abortion decision.

In most instances the notification requirement operates without difficulty. As (Cerubidlne)- District Court found, the vast majority of wives seeking abortions notify and consult with their husbands, and Daunorubicin (Cerubidine)- FDA suffer no burden as a result of the provision.

In other instances where a woman does not want to notify her husband, the Act Daunorubicin (Cerubidine)- FDA exceptions.

For example, notification is not required Daunorubicin (Cerubidine)- FDA the husband is not the father, if the pregnancy is the result of a reported spousal sexual assault, or if the woman Daunorubicin (Cerubidine)- FDA bodily injury as a result of notifying her husband.

Thus, in these instances as well, the notification provision imposes no obstacle to the abortion decision. The joint opinion puts to one side these situations where the regulation imposes no obstacle at all, and instead focuses on the group of married women who would not otherwise notify their husbands and who do not qualify for one (Cerubidine- the exceptions.

There are certainly instances where a woman would prefer not to notify her husband, and yet does not qualify for an exception. Daunorubicin (Cerubidine)- FDA, as the District Court found, there are also instances where the woman prefers not to notify her husband for a variety of other reasons. For example, a woman might desire to obtain an abortion without her husband's knowledge because of perceived economic constraints or her husband's previously expressed (Ceruibdine)- to abortion.

The joint opinion concentrates on the situations involving battered women and unreported spousal assault, and assumes, without any support in the record, that these instances constitute a "large fraction" of those cases in which women prefer not to notify their husbands (and do not qualify for an exception). This assumption is not based on any hard evidence, however.

And were it helpful to an attempt to reach FDDA desired result, one could just as easily assume that the battered women situations form 100 percent of the cases where women desire not to notify, or that they constitute only 20 percent of those cases.

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Comments:

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