ABOUT THE CASEY DECISION

Casey Quotes: The following quotes come from the 1992 Supreme Court Decision, Planned Parenthood Versus Casey. Justices O'Connor, Souter, and Kennedy wrote the "joint opinion," which was to represent the views of the Court. In the first portion of the decision, the Justices affirm a woman's right to have an abortion. Nothing new.

The second portion of the decision will change the landscape of the abortion debate. Roe is significantly altered. You see, under Roe, State "restrictions" were virtually impossible because abortion had been declared a constitutional, or a fundamental right. State restrictions of a fundamental right are allowed only if there is a "compelling State interest" and such restrictions are evaluated upon the basis of "strict scrutiny," the Court's highest standard. In this second portion, the Justices topple the fundamental right status of Roe. State restrictions are allowed on the basis of a much more lenient standard, the "undue burden standard."

This totally alters Roe. For the first time the State (that includes parents and citizens and school boards, and other entities of government) can now use state dollars to take steps that might reduce abortion.

With this ruling, abortion becomes like the right to smoke cigarettes. The person can choose to smoke, or have an abortion, but elected officials can use state dollars and school curriculums to attempt to limit the casual use of the abortion procedure.

The quotes below will come from the second portion of the decision, that portion that expands the rights of citizens to have a "choice" about abortion. You will notice that the Justices organize many of their comments around the concept of ensuring "informed choice."

1. "We think it beyond dispute that a State has a strong and legitimate interest in the welfare of its young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely."

   (Note: In explaining the Court's support for informed consent).

2. "The Constitution does not forbid a State or city, pursuant to democratic processes, from expressing a preference for normal childbirth."

   (Note: Schools, as governing entities, would have the same rights. Stresses the democratic process).

3. "Measures aimed at ensuring that a woman's choice contemplates the consequences for the fetus do not necessarily interfere with the right recognized in Roe."

   (Note: the young can be informed or taught abut the consequences for the fetus).

• "To promote the State's profound interest in potential life throughout pregnancy,

the State may take measures to ensure that the woman's choice is informed, and measures designed to advance this interest will not be invalidated as long as their purpose is to persuade the woman to choose childbirth over abortion. These measures must not be an undue burden on the right."

(Note: Again, the emphasis upon the State's "profound interest in potential life ... throughout pregnancy").

• "As we have made clear,

we depart from the holdings of Akron I and Thornburgh to the extent that we permit a State to further its legitimate goal of protecting the life of the unborn by enacting legislation aimed at ensuring a decision that is mature and informed even when in so doing the State expresses a preference for children over abortion."

(Note: Again, the State can promote a "mature and informed" choice and can show support for childbirth over adoption).

• "Abortion is a unique act.

It is an act fraught with consequences for others; for the woman who must live with the implications of her decision; for the persons who perform and assist in the procedure; for the spouse, family, and society which must confront the knowledge that these procedures exist, procedures some deem nothing short of an act of violence against innocent human life; and, depending on one's beliefs, for the life or potential life that is aborted."

(Note: The court herein recognizes the extremely serious nature of the choice of abortion, for the child, the woman, and for society).

• "These considerations of the nature of the abortion right illustrate

that it is an adverse statement to describe it as a right to decide whether to have an abortion without interference from the State".

(Note: In other words, to refer to a woman's blanket "right to choose" goes beyond current law).

• " ... the means chosen by the State to further the interest in potential life

must be calculated to inform the woman's free choice, not hinder it."

(Note: The State can demonstrate support for the unborn, but in doing so, should not hinder the woman's ability to understand abortion).

• "In our considered judgment,

an undue burden is an unconstitutional burden."

(Note: The Casey decision established the undue burden doctrine. This suggests that State restrictions will be ruled out of order only if they are "unconstitutional." This gives a great deal of latitude to the States to establish reasonable restrictions, or safeguards, depending upon one's perspective).

• "Regulations which do no more than create a structural

mechanism by which the State, or the parent or guardian of a minor, may express profound respect for the life of the unborn are permitted, if they are not a substantial obstacle to the woman's exercise of the right to choose."

(Note: Again, the woman has the final choice but she is not totally insulated from the State, i.e., the citizens around her. "Profound respect" for the unborn is legal).

• " ... a state measure designed to persuade her to choose childbirth over abortion

will be upheld if reasonably related to that goal" of informed choice.

(Note: Again, the stress on informed choice).

• "In attempting to ensure that a woman apprehend the full consequences of her decision,

the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed. If the information the State requires to be made available to the woman is truthful and not misleading, the requirement may be permissible."

(Note: The Court acknowledges the important role that the State may play).