Third, a State has a legitimate interest in protecting the health of a woman and the life of a fetus that may become a child. But the Court does not wish to be fettered by any such limitations on its preferences.

The vast majority of women notify their male partners before they get an abortion. The joint opinion repeatedly emphasizes that an important factor in the “undue burden” analysis is whether the regulation “prevent[s] a significant number of women from obtaining an abortion,” ante, at 2829; whether a “significant number of women ... are likely to be deterred from procuring an abortion,” ibid. There are decisions that are such a great offense to the text of the Constitution and the spirit of the Declaration of Independence that they ought to overwhelm a justice’s legacy. All manner of “liberties,” the Court tells us, inhere in the Constitution and are enforceable by this Court-not just those mentioned in the text or established in the traditions of our society. And then sometimes what you write doesn’t work for the people who read it. Ante, at 2833. 578, 81 L.Ed. State restrictions on abortion violate a woman's right of privacy in two ways: First, they infringe on a woman's right to bodily integrity by imposing risk of physical harm. Planned Parenthood v. Casey SCOTUS- 1992 Facts. (Both Dred Scott and one line of the cases resisting the New Deal rested upon the concept of “substantive due process” that the Court praises and employs today. To the contrary, its efforts at clarification [p986] make clear only that the standard is inherently manipulable and will prove hopelessly unworkable in practice. I cannot agree with, indeed I am appalled by, the Court's suggestion that the decision whether to stand by an erroneous constitutional decision must be strongly influenced- against overruling, no less-by the substantial and continuing public opposition the decision has generated. ; and it is “nothing less than a matter of conscience,” ibid. Quite to the contrary, by foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish. Ante, at 2817. And “viability” is no longer the “arbitrary” dividing line previously decried by Justice O'CONNOR in Akron I, id., at 461, 103 S.Ct., at 2509; the Court now announces that “the attainment of viability may continue to serve as the critical fact,” ante, at 2811. Does the spousal notification requirement create an undue burden/substantial obstacle for women who want to have an abortion? One might have feared to encounter this august and sonorous phrase in an opinion defending the real Roe v. Wade, rather than the revised version fabricated today by the authors [p985] of the joint opinion. The spousal notice requirement is a rational attempt by the state to improve truthful communication between spouses and encourage collaborative decision making, and thereby foster marital integrity. Recently in Planned Parenthood of Greater Ohio v. Hodges, the Sixth Circuit upheld H.B. It is instructive to compare this Nietzschean vision of us unelected, life-tenured judges-leading a Volk who will be “tested by following,” and whose very “belief in themselves” is mystically bound up in their “understanding” of a Court that “speak[s] before all others for their constitutional ideals”-with the somewhat more modest role envisioned for these lawyers by the Founders. “By the end of the walk, Scalia felt confident Kennedy was a solid vote. Justice BLACKMUN's parade of adjectives is similarly empty: Abortion is among “ ‘the most intimate and personal choices,’ ” ante, at 2844; it is a matter “central to personal dignity and autonomy,” ibid. The three Justices therefore conclude that “on the record before us, ... we are not convinced that the 24-hour waiting period constitutes an undue burden.” Ante, at 2826. Ante, at 2824. He is all in black, sitting in a shadowed red armchair, left hand resting upon a pad of paper in his lap, right hand hanging limply, almost lifelessly, beside the inner arm of the chair. Justice SCALIA, with whom THE CHIEF JUSTICE, Justice WHITE, and Justice THOMAS join, concurring in the judgment in part and dissenting in part.

He made it through a Senate confirmation hearing and vote to become a Supreme Court justice, read the briefs on the most controversial issue before the court, sat through oral arguments, and initially voted in conference to overturn Roe.

Ante, at 2822-2825. The shortcomings of Roe did not include lack of clarity: Virtually all regulation of abortion before the third trimester was invalid. Case Summary of Planned Parenthood v. Casey: Several of Pennsylvania’s statutory abortion provisions were challenged in federal court.
Design by Free CSS Templates. Ante, at 2808, 2812, 2817.

Should these women become pregnant, they may have good reasons for not wishing to inform their husbands of their decision to obtain an abortion. 1982). [2] But it is [p984] obvious to anyone applying “reasoned judgment” that the same adjectives can be applied to many forms of conduct that this Court (including one of the Justices in today's majority, see Bowers v. Hardwick, 478 U.S. 186, 106 S.Ct.

It was the ‘welcome news’ Kennedy had told Blackmun he wanted to share. Some societies have considered newborn children not yet human, or the incompetent elderly no longer so. It should not be disturbed. He hadn’t said a word about it during his walk with Scalia.”. A state may not give to a man the kind of dominion over his wife that parents exercise over their children. Ante, at 2832-2833. Kennedy was a law professor who became an appellate court judge two years after Roe v. Wade was handed down. (That had to be done, of course, since designating the interest as “compelling” throughout pregnancy would have been, shall we say, a “substantial obstacle” to the joint opinion's determined effort to reaffirm what it views as the “central holding” of Roe.

Requires a 24 hour waiting period. In truth, I am as distressed as the Court is-and expressed my distress several years ago, see Webster, 492 U.S., at 535, 109 S.Ct., at 3065-about the “political pressure” directed to the Court: the marches, the mail, the protests aimed at inducing us to change our opinions. It is the dimension present whenever the Court's interpretation of the Constitution calls the contending sides of a [p995] national controversy to end their national division by accepting a common mandate rooted in the Constitution.” Ante, at 2815. 691 (1857) (dissenting opinion). ; and it involves “personal decisions that profoundly affect bodily integrity, identity, and destiny,” ante, at 2846. Sometimes our votes are tentative, which is why you write. But “reasoned judgment” does not begin by begging the question, as Roe and subsequent cases unquestionably did by assuming that what the State is protecting is the mere “potentiality of human life.” See, e.g., Roe, supra, at 162, 93 S.Ct., at 731; Planned Parenthood of Central Mo.

The Casey decision revealed that Kennedy wasn't only an imperial justice, he was a capricious one too. Under the “undue burden” regime (as applied today, at least) it is not. v. CASEY, GOVERNOR OF PENNSYLVANIA, et al. There [p1002] seems to be on his face, and in his deep-set eyes, an expression of profound sadness and disillusionment. 393-394 (G. Wills ed. ... Justice O'CONNOR has also abandoned (again without explanation) the view she expressed in Planned Parenthood Assn. If the answer to both questions is no, Roe should undoubtedly be overruled. 2481, 76 L.Ed.2d 687 (1983). Of those who do not, the pregnancy is usually the result of a extramarital affair or they are experiencing marital difficulties, often accompanied by incidents of violence. Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 874 (1992) (plurality opinion).

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