David Souter on Abortion Supreme Court Justice (nominated by Pres. Bush Sr. 1990)

Uphold Roe v. Wade: woman's right to choose.

At issue are five provisions of the Pennsylvania Abortion Control Act of 1982:
1. requiring a 24-hour “informed consent” waiting period before the abortion is performed;
2. mandating the consent of one parent for a minor to obtain an abortion, with a judicial bypass procedure;
3. requiring notification of the husband;
4. defining a “medical emergency” that will excuse compliance with the foregoing requirements;
5. imposing reporting requirements on facilities providing abortion services.

Held:

We are led to conclude this: the essential holding of Roe v. Wade should be retained and once again reaffirmed, in three parts:
1. The right of the woman to choose to have an abortion before viability.
2. The State may restrict abortions after fetal viability if the law contains exceptions for pregnancies which endanger the woman’s health.
3. The State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child.

Dissent: