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Thursday, January 20, 2022

What Did Deliberate Parenthood v. Casey Say?

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Because the justices think about the Mississippi legislation, they should take account of the controlling opinion in Deliberate Parenthood v. Casey, a joint effort by three Republican appointees, Justices Sandra Day O’Connor, David H. Souter and Anthony M. Kennedy. That ruling affirmed what it referred to as Roe v. Wade’s important holding, that states could not prohibit abortions earlier than fetal viability.

Casey additionally launched a extra relaxed commonplace to guage restrictions in need of outright bans earlier than fetal viability, saying that states couldn’t impose an undue burden on the fitting to abortion.

A discovering of an undue burden is a shorthand for the conclusion {that a} state regulation has the aim or impact of inserting a considerable impediment within the path of a girl looking for an abortion of a nonviable fetus,” the opinion stated.

“Our adoption of the undue burden evaluation doesn’t disturb the central holding of Roe v. Wade, and we reaffirm that holding,” it continued. “No matter whether or not exceptions are made for explicit circumstances, a state could not prohibit any lady from making the last word determination to terminate her being pregnant earlier than viability.”

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