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2 Dec 2021, 8:26 am
But after fifty years of an abortion regime which has cost millions of lives, has been unmoored from any medical and scientific advances and immune to changing public opinion, Roe and Casey are beginning to show their cracks. [read post]
2 Dec 2021, 8:25 am
Casey) in regard to the existence and scope of a woman's constitutional right to terminate her pregnancy. [read post]
2 Dec 2021, 8:05 am
Here Roberts could, if he could get another conservative justice on board, rely on the Casey decision, which said that the government may not impose an “undue burden” on the right to abortion. [read post]
2 Dec 2021, 7:46 am
Barrett heard wrong, Rikelman quickly responds:No, Your Honor, I believe it's both, and -- and that is exactly how Casey talked about it. [read post]
2 Dec 2021, 6:32 am
In making up a new term, Luttig may have even been subtly mocking the Casey Court. [read post]
2 Dec 2021, 4:29 am
But the other mechanism by which the Court might murder Roe and Casey is by chipping away at its “fetal viability” line. [read post]
2 Dec 2021, 4:21 am
“Casey did that,” she replies. [read post]
2 Dec 2021, 4:05 am
I write "Roe" for simplicity, but Roe was replaced long ago by Casey. [read post]
1 Dec 2021, 8:22 pm
Casey. [read post]
1 Dec 2021, 5:05 pm
Casey, indicating that he was searching for a way to uphold Mississippi's ban by discarding the idea of viability while maintaining precedent and avoiding having to formally reverse Roe.Kavanaugh and Barrett, on the other hand, seemed uninterested in doing so. [read post]
1 Dec 2021, 4:22 pm
“Casey did that,” she replies. [read post]
1 Dec 2021, 3:52 pm
So, if [Casey] didn't say anything about viability, it's like what Justice Blackmun said in --when discussing among his colleagues, which is a good reason not to have papers out that --that early, is that they don't have to address the line-drawing at all in Roe, and they didn't have to address the line-drawing at all in Casey. [read post]
1 Dec 2021, 3:12 pm
Roe and Casey usurped this issue from the American people. [read post]
1 Dec 2021, 2:35 pm
"] During oral argument in Dobbs, Justice Breyer implored everyone to re-read Casey. [read post]
1 Dec 2021, 12:08 pm
Kagan may even be willing to uphold Mississippi's law to avoid making any broader pronouncement about Roe and Casey. [read post]
1 Dec 2021, 10:42 am
This is unforgivable, especially as Blackmun joined the Court's reaffirming of the viability line in Casey.6. [read post]
1 Dec 2021, 10:04 am
Kagan also addressed Roe and Casey head-on. [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
Casey, which also did not directly implicate viability, purported to reaffirm that line, even as it discarded the trimester scheme that had been central to Roe. [read post]