Question

The Supreme Court has held that the right of privacy includes the right of a woman to have an abortion under certain circumstances without undue interference from the state. However, because the Court has held that the states have a compelling interest in protecting the health of both the woman and the fetus that may become a child, it is difficult to apply the normal "strict scrutiny" analysis to abortion regulations (since these two compelling interests may conflict with each other and with the woman's privacy right).

Which of the following is true under the rules the Supreme Court currently uses to determine whether an abortion regulation is valid?
A) After viability, the government may not impose an undue burden on a woman's ability to obtain an abortion.
B) Before viability, the government may not impose an undue burden on a woman's ability to obtain an abortion.
C) During the first trimester, the government may not impose an undue burden on a woman's ability to obtain an abortion.
D) During the first and second trimester, the government may not impose an undue burden on a woman's ability to obtain an abortion.

Answer 1

The Supreme Court's current framework, established in Planned Parenthood v. Casey, holds that before viability, the government may not impose an undue burden on a woman's ability to obtain an abortion.

Step-by-step explanation:

The Supreme Court uses a framework for determining the validity of state abortion regulations, particularly focusing on what constitutes an undue burden on a woman's right to obtain an abortion. The landmark case, Roe v. Wade (1973), established the right to privacy under the 14th Amendment, which includes a woman's right to an abortion. The decision in Roe v. Wade set up a trimester framework that allowed states to regulate but not ban abortions in the second trimester, and to regulate or prohibit abortions in the third trimester, provided the regulations took into account the health of the woman.

However, this framework was adjusted in Planned Parenthood v. Casey (1992), which replaced the trimester system with the undue burden test. Under the undue burden test, states cannot place substantial obstacles in the woman's path before the fetus is viable, which is roughly at 25 to 28 weeks. Therefore, the correct answer to the question of what is true under the rules the Supreme Court currently uses to determine whether an abortion regulation is valid is:

• Before viability, the government may not impose an undue burden on a woman's ability to obtain an abortion.