Interesting bit of history here.
For those who aren't versed in SCOTUS history, Casey v. Planned Parenthood was voted out of conference by a 6-3 vote to overturn Roe. Over the course of several months while opinions were drafted, Justice Souter convinced Justices Kennedy and O'Connor to change their votes....
Justice Souter's idea was to affirm Roe, but create a new framework for reviewing state law restrictions on abortion under a new "undue burden" standard never before adopted for any other federal constitutional right....
Which makes 'undue burden' the next target for Constitutional conservatives.
No comments:
Post a Comment