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 Justice Sotomayor stated that the line of viability that Casey drew has not been at issue in the past 30 years. [read post]
2 Dec 2021, 8:26 am by Tom Smith
Undoing these cases — and returning the decisions surrounding abortion to the states — is a possibility that today, seems entirely within reach. [read post]
2 Dec 2021, 8:05 am by Tom Smith
Wade is a woman’s right to choose whether to have an abortion, but Roe allows the state to restrict abortion at some point in pregnancy, then there is no particular reason to treat viability as the cutoff.According to Roberts’s implicit theory, the justices could vote to uphold the Mississippi law while simultaneously saying that they were not overturning Roe v. [read post]
2 Dec 2021, 6:32 am
And if not, do you think there is something to this idea that once people are told they have rights, that those rights are impaired by leaving them in a state of doubt? [read post]
2 Dec 2021, 4:29 am by SHG
The court will either overturn Roe v. [read post]
2 Dec 2021, 4:21 am by David Oscar Markus
”Prelogar, arguing for the United States in support of Jackson Women’s Health, says, “The real-world effects of overruling Roe and Casey would be severe and swift. [read post]
2 Dec 2021, 4:05 am
 Next, here's Noah Feldman at Bloomberg: "The Supreme Court Seems Poised to Overturn Roe v. [read post]
1 Dec 2021, 8:22 pm by Samuel Bray
He was the Supreme Court's junior member when Roe v. [read post]
1 Dec 2021, 10:04 am by Amy Howe
Casey, which reaffirmed the constitutional right to abortion that the court first recognized in Roe v. [read post]
1 Dec 2021, 9:39 am
The lawyer for the state was particularly weak in his effort to assure the Court that Roe and Casey could fall without endangering any other precedent (e.g., Obergefell). [read post]
1 Dec 2021, 9:23 am by Michael C. Dorf
It may have been dicta in Roe, but the Court has expounded and relied upon it in subsequent cases, including the 1976 Planned Parenthood v. [read post]
1 Dec 2021, 4:00 am by Michael C. Dorf
Here is a quotation (from page 879 of the US Report version) from the Casey Court's summary of its holding:Our adoption of the undue burden analysis does not disturb the central holding of Roe v. [read post]