Thornburgh v. American College of Obstetricians & Gynecologists

In 1982, Pennsylvania Governor Richard Thornburgh (defendant) approved the Abortion Control Act. The act required that a woman provide informed consent to an abortion. However, before informed consent could be obtained, the woman had to be provided with certain information such as the fact that the abortion may lead to detrimental physical and psychological effects, the medical risks associated with the procedure, the probable gestational age of the fetus, that medical assistance benefits may be available, and that the father is liable to provide support. The act also required that the woman be provided with printed materials advertising groups that could provide help if the woman decided to carry to term. Additionally, the act had a reporting requirement that mandated information on the woman’s residence, age, race, marital status, previous pregnancies, and the probable gestational age of the fetus, which had to be provided for public inspection. The act also mandated that a post-viability abortion required the physician to exercise a high degree of care and perform the procedure in a way that gave the child the highest chance for survival, unless the procedure would pose a significant maternal health risk. Additionally, a second physician had to be present. The American College of Obstetricians and Gynecologists, along with clergymen, healthcare providers, and abortion counselors (plaintiffs) challenged the legality of the suit. The court of appeals held that the informed consent, printed information, reporting requirements, determination of viability, and the post viability procedures were unconstitutional. The matter was appealed.