§ 1 Reasoning
Justice Blackmun struck down informed consent requirements that included fetal development information, reporting requirements that risked patient anonymity, and post-viability standards deemed too restrictive.
§ 2 Opinions
Majority
Brennan, Marshall, Powell, Stevens, JJ.
The challenged Pennsylvania provisions are unconstitutional as inconsistent with Roe.
Concurrence
Not joined by any other justice
Emphasized women's privacy and autonomy.
Dissent
Not joined by any other justice
For the first time, called for reconsidering Roe: 'We should reexamine Roe.'
Dissent
Rehnquist, J.
Would have overruled Roe.
Dissent
Rehnquist, J.
Applied 'unduly burdensome' analysis.
§ 3 Key quotes
“In my view, the time has come to reexamine Roe.”
§ 4 Practical effect
Pennsylvania's specific provisions invalidated. Chief Justice Burger's dissent — his first calling for reconsidering Roe — signaled shifting court composition.
§ 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 major abolitionist reference case. Reflects the pre-Casey era of vigorous Roe enforcement.
Mainstream pro-life framing
Mainstream pro-life groups noted with satisfaction Chief Justice Burger's shift.
Pro-choice framing
Celebrated as one of the last strong reaffirmations of Roe before the Court's composition shifted.
§ 6 Significance
3/ 10
Superseded by Casey and Dobbs.
§ 7 Sources
Primary sources
Secondary sources
- None recorded.