The right to obtain an abortion remains a fundamental right, however, it is no longer subject to strict scrutiny. Current law says states the government, state or federal, cannot impose an undue burden.
- A required 24-hr waiting period was not an undue burden
- Requiring that abortions be performed by licensed physicians is not an undue burden
- Prohbitions of 'partial birth abortions' is not an undue burden
After viability, states may prohibit abortions unless necessary to protect the woman's life or health
Government has no duty to subsidize abortions or provide them at public hospitals
Spousal consent and notification laws are unconstitutional
Parental notice and consent laws for unmarried minors
: states can require parental notice and/or consent for an unmarried minor's abortion so long as it creates an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor's best interests or that she is mature enough to decide for herself.