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Akron v. Akron Center for Reproductive Health

462 U.S. 416 (1983)

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Akron v. Akron Center for Reproductive Health

United States Supreme Court

462 U.S. 416 (1983)

Facts

The Akron Center for Reproductive Health (plaintiff) filed suit against the City of Akron (defendant), challenging the constitutionality of five provisions in the 1978 Regulation of Abortions Ordinance. The challenged provisions required that (1) abortions after the first trimester be performed at a hospital, (2) parental consent or a court order be obtained before an abortion procedure on a minor, (3) certain facts be disclosed by the attending physician to obtain informed consent, (4) the abortion not be performed in the first 24 hours after consent, and (5) the physician dispose of the fetal remains in a humane manner. The district court found that the provisions requiring parental consent and humane disposal were unconstitutional, but it upheld the provisions relating to the hospital requirement, 24-hour waiting period, and mandating that the attending physician be the one to obtain consent. The court of appeals reversed the district court’s finding concerning the attending-physician requirement and the 24-hour waiting period, finding the provisions unconstitutional. The court of appeals affirmed the rest of the district court’s decision. The matter was appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Powell, J.)

Dissent (O’Connor, J.)

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