What Did Planned Parenthood v. Casey Say?

2 years ago 407

Adam Liptak

Dec. 1, 2021, 8:30 a.m. ET

Dec. 1, 2021, 8:30 a.m. ET

A Planned Parenthood session  successful  Indianapolis.
Credit...Michael Conroy/Associated Press

As the justices see the Mississippi law, they volition person to instrumentality relationship of the controlling sentiment successful Planned Parenthood v. Casey, a associated effort by 3 Republican appointees, Justices Sandra Day O’Connor, David H. Souter and Anthony M. Kennedy. That ruling affirmed what it called Roe v. Wade’s indispensable holding, that states whitethorn not prohibit abortions earlier fetal viability.

Casey besides introduced a much relaxed modular to measure restrictions abbreviated of outright bans earlier fetal viability, saying that states could not enforce an undue load connected the close to abortion.

A uncovering of an undue load is simply a shorthand for the decision that a authorities regularisation has the intent oregon effect of placing a important obstacle successful the way of a pistillate seeking an termination of a nonviable fetus,” the sentiment said.

“Our adoption of the undue load investigation does not disturb the cardinal holding of Roe v. Wade, and we reaffirm that holding,” it continued. “Regardless of whether exceptions are made for peculiar circumstances, a authorities whitethorn not prohibit immoderate pistillate from making the eventual determination to terminate her gestation earlier viability.”

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