Monday, May 09, 2011

Overheard: Most prolife legislation consistent with Planned Parenthood v. Casey

"While some elements of the anti-abortion trend fly in the face of the Supreme Court's holdings on abortion, the preponderance of them are actually consistent with the 1992 Planned Parenthood v. Casey decision."
In theory, this subjective ("undue burden") formulation could provide a fairly robust protection of reproductive freedom. The way the Casey plurality actually applied the standard, however, all but guaranteed that it would not. The Pennsylvania law is now a model for the proliferation of anti-abortion legislation that has followed in its wake.

- Pro-choice lawyer Scott Lemieux on Planned Parenthood vs. Casy and prolife legislation

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