Thornburgh v. American College of Obstetricians and Gynecologists
- Thornburgh v. American College of Obstetricians and Gynecologists
"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. [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183.]
The Thornburgh case's law was mostly the same as the law the court had decided on in City of Akron v. Akron Center for Reproductive Health, but this time, the Reagan administration asked the justices to overrule "Roe v. Wade", a case which Chief Justice Warren Burger had now decided to abandon. [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183.]
Justice Blackmun reaffirmed "Roe" in his opinion for this case, though Justice O'Connor did not join it, instead dissenting and speaking out against "Roe": "Suffice it to say that I dispute 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 servers and the impact it has." [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183.] The 7-2 majority from "Roe" had now shrunk to 5-4. [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183.]
hift Toward Women's Rights
Justice Blackmun wrote the opinion in "Thornburgh," this time using more rhetoric about women's rights, instead of the language of the right of the physician, which "Roe" (also a Blackmun opinion) had used. [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 185.]
Blackmun 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..." [Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 185.]
Procedural History
"Thornburgh" was overruled by Planned Parenthood v. Casey.
References
External links
* [http://www.enfacto.com/case/U.S./476/747/ Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986)] (opinion full text).
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