3: The Case That Changed Roe: Planned Parenthood v. Casey (1992) - Part 1
Description
This episode lays the groundwork for understanding the second most important abortion case in American law, Planned Parenthood v. Casey, decided in 1992.
The episode begins with an acknowledgment that Roe did not settle the abortion debate, but rather created a fractious debate that didn’t really exist before it was passed.
We then shift to discussing the myriad health and safety regulations passed by various states in the post-Roe years and why they were struck down by the high court. This leads into a discussion of standards of judicial review and how courts determine whether a law is constitutional or unconstitutional.
Understanding the standard of review is key for understanding Planned Parenthood v. Casey, which changed the standard of review for abortion cases and reduced the court’s authority to police regulatory legislation. It is also important to understand the role Justice Sandra Day O’Connor played in crafting Casey and this new standard of review.
We also explain that Casey also threw out Roe’s trimester framework in favor of a viability test, which, given advances in medical technology, necessarily made it easier to regulate abortion earlier in the pregnancy.
We wrap the show with a TL;DR about the two pillars of abortion law, Roe and Casey, and the role they play in the current legal environment.
The next episode will take a deep dive into Casey and how we regulate abortion in the United States.
Links Mentioned
Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137
Akron v. Akron Center for Reproductive Health
https://supreme.justia.com/cases/federal/us/462/416/#tab-opinion-1955113
Calautti v. Franklin - Supreme Court:
https://supreme.justia.com/cases/federal/us/439/379/
Thornburgh v. American College of Obstetricians
https://supreme.justia.com/cases/federal/us/439/379/
Webster v. Reproductive Health Services
https://supreme.justia.com/cases/federal/us/492/490/
Planned Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
U.S. Constitution: https://www.archives.gov/founding-docs/constitution-transcript
U.S. Const. Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights
U.S. Const. 9th Amendment: https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-ix
U.S. Const. 14th Amendment: https://www.archives.gov/founding-docs/amendments-11-27#xiv
So, stay with me, and I’ll see you in Episode 4 of I am Roe, Hear Me Roar