Planned Parenthood Vs Casey Case Summary

Words: 765
Pages: 4
Open Document
Matters came to a head in 1991 when the Third District Court ruled in Planned Parenthood v. Casey that Roe had been successfully overturned by the Supreme Court's recent decisions. The "strict scrutiny" of standards that had been previously adopted by Roe were no longer applicable to abortion laws. A majority of justices no longer would be supporting these prior standards in place. As a result, the Third District Court ruled that a new standard was now in effect. This was mainly O'Connor's ruling for an "undue burden" standard. Furthermore, the constitutionality of state abortion laws would instead be judged on the basis of the type and degree of what was considered a "burden" that they placed on women, when seeking abortion. This would mean that if the "burden" was "undue," for any …show more content…
The justices' inability to agree on any traditional standard of review, essentially forced the lower court to appeal to a single justice's personal criterion. In turn, the Casey decision provoked a visceral response from Scalia. He took the decision apart point by point in a vigorous and witty fashion. He began by saying that when it comes to the issue of abortion it should be resolved "like most important questions in our democracy: by citizens trying to persuade one another and then voting." The issue is whether [abortion] is a liberty protected by the Constitution of the United States. I am sure that it is not. I reach that conclusion not because of anything so exalted as my views concerning the "concept of existence, of meaning, of the universe, and of the mystery of human life." Rather, I reach it for the same reason I reach the conclusion that bigamy is not constitutionally protected-because of two simple facts: (1) the Constitution says nothing about it, and (2) the longstanding traditions of American society have permitted it to be legally
Show More

Related Documents: Planned Parenthood Vs Casey Case Summary

Con Law Essay

substantive judgments to majority rule 6. Rights based theory: beliefs that government exists primarily to protect individuals from intrusion Two types of challenges: * As applied – claiming that the statute is uncon as applied in this case * Facial – statute must be struck down entirely, no constitutional applications Judicial Review: federal courts have the ability to review the constitutionality of decisions and actions of other branches of government Marbury v. Madison: Courts…

Words 7565 - Pages 31