§ 1 Reasoning
Justice Powell applied Roe's trimester framework strictly, striking down regulations that had the effect of discouraging abortion or increasing its costs.
§ 2 Opinions
Majority
Burger, C.J.; Brennan, Marshall, Blackmun, Stevens, JJ.
All five provisions are unconstitutional. Hospital requirement for second-trimester abortions imposes unreasonable costs. Parental consent lacks adequate judicial bypass. Informed consent script is designed to discourage abortion. 24-hour waiting period is 'arbitrary and inflexible.' Fetal remains disposal provision is unconstitutionally vague.
Dissent
White, Rehnquist, JJ.
First articulation of the 'unduly burdensome' standard that would eventually become Casey's undue burden test. Called Roe's trimester framework 'on a collision course with itself.'
§ 3 Key quotes
“The Roe framework is clearly on a collision course with itself.”
§ 4 Practical effect
Second-trimester hospital requirements invalidated. Informed consent 'scripts' and waiting periods invalidated. Legal architecture would later change under Casey (1992).
§ 5 Perspectives
The summaries below are descriptive, not evaluative — an attempt to represent fairly how each camp typically frames this case.
Abolitionist framing
Not a significant abolitionist reference. Represents the height of Roe-era judicial invalidation of pro-life laws.
Mainstream pro-life framing
Motivated development of the 'undue burden' framework that would later succeed in Casey.
Pro-choice framing
Strong Roe-era ruling protecting abortion access.
§ 6 Significance
3/ 10
Superseded by Casey. O'Connor's dissent is historically important as the first articulation of the standard that later prevailed.