Posted on May 6, 2022
Roe established abortion rights. 20 years later, Casey paved the way for restrictions
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https://www.npr.org/2022/05/06/ [login to see] /roe-established-abortion-rights-20-years-later-casey-paved-the-way-for-restricti
In Justice Samuel Alito's leaked draft opinion that was published Monday night, the Supreme Court seems poised to roll back the 1973 Roe v. Wade decision, which established the right to an abortion.
Along with it, another case on abortion will also be affected: Planned Parenthood of Southeastern Pennsylvania v. Casey. The 5-4 decision upheld Roe in 1992, but paved the way for more restrictions on abortion access because it declared that restrictions were allowed as long as there was not an "undue burden." It was the first time the court set a new standard on validity of certain laws that restricted abortions.
"Roe and Casey are the twin pillars of the court's jurisprudence," on abortion, Melissa Murray, a professor of law at New York University, told NPR.
In Justice Samuel Alito's leaked draft opinion that was published Monday night, the Supreme Court seems poised to roll back the 1973 Roe v. Wade decision, which established the right to an abortion.
Along with it, another case on abortion will also be affected: Planned Parenthood of Southeastern Pennsylvania v. Casey. The 5-4 decision upheld Roe in 1992, but paved the way for more restrictions on abortion access because it declared that restrictions were allowed as long as there was not an "undue burden." It was the first time the court set a new standard on validity of certain laws that restricted abortions.
"Roe and Casey are the twin pillars of the court's jurisprudence," on abortion, Melissa Murray, a professor of law at New York University, told NPR.
Roe established abortion rights. 20 years later, Casey paved the way for restrictions
Posted from npr.org
Law
Abortion
Supreme Court
American History
Posted 2 y ago
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I look forward to the violation of privacy of Conservatives who try and sneak around to get abortions.
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Those restriction need to take into account the actual women. Not how these male lawmakers feel.
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PO1 William "Chip" Nagel
..."If the draft opinion becomes the court's decision, what happens to Casey?
There are parts of Casey, like saying the state has has a profound interest in potential life, that could remain, but the aspects of Casey that upheld Roe in saying that a right to an abortion is protected would likely be revoked.
"We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled," Alito wrote in the leaked draft opinion. "The authority to regulate abortion must be returned to the people and their elected representatives."
Bridges said that the draft opinion is just making it clear that none of the precedents of abortion law should remain.
"I think it would have been sufficient to say Roe is not good law, and as a result, Casey is not good law, but I think the draft opinion is just being clear that there is no part of abortion jurisprudence that remains good law," Bridges said."
..."If the draft opinion becomes the court's decision, what happens to Casey?
There are parts of Casey, like saying the state has has a profound interest in potential life, that could remain, but the aspects of Casey that upheld Roe in saying that a right to an abortion is protected would likely be revoked.
"We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled," Alito wrote in the leaked draft opinion. "The authority to regulate abortion must be returned to the people and their elected representatives."
Bridges said that the draft opinion is just making it clear that none of the precedents of abortion law should remain.
"I think it would have been sufficient to say Roe is not good law, and as a result, Casey is not good law, but I think the draft opinion is just being clear that there is no part of abortion jurisprudence that remains good law," Bridges said."
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