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  • Title: Jane L. v. Bangerter.
    Author: U.S. District Court, D. Utah, C.D.
    Journal: Fed Suppl; 1992 Dec 17; 809():865-80. PubMed ID: 11648409.
    Abstract:
    The U.S. District Court for the Central District of Utah concluded that portions of the Utah abortion statute prohibiting abortions before 90 days after conception and requiring husband notification were unconstitutional. However, the court sustained a prohibition of abortion 90 days after conception, with an exception created for any situation causing "grave danger" to the woman's health. The court had waited until the Supreme Court announced its reexamination of the abortion issue in Planned Parenthood of Southeastern Pennsylvania v. Casey. In Casey, the Court reaffirmed the "essential holding" of Roe v. Wade, leading the district court to conclude that any abortion before viability cannot be prohibited by the state. In reference to drawing the line of viability, the district court determined that a 90-day demarcation is constitutional. The court believes that Casey's rejection of strict trimester categories allows states to pass laws constraining abortions, provided they do not occasion an "undue burden" on the woman. The post-viability constraint and the "grave medical danger" constraint were not considered an undue burden, since protecting the life of an unborn fetus is a legitimate state interest at that point in time. The plaintiff's challenge of the "serious medical emergency" exception as being unconstitutionally vague was also denied; a reasonable person would be able to discern the meaning and application of this phrase. Finally, the spousal notification requirement was struck down in accordance with the Supreme Court's unanimous decision nullifying the Pennsylvania notification requirement.
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