Note sull'episodio
Planned Parenthood v. Casey, 505 U.S. 833 (1992)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/031-planned-parenthood-v-casey
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep505/usrep505833/usrep505833.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
Pennsylvania's Abortion Control Act required informed consent and a twenty-four-hour waiting period, parental consent for minors with a judicial bypass, notification of a husband, and reporting rules. With five justices appointed by Presidents Reagan and Bush, many expected Roe versus Wade to fall.
It did not. Justices O'Connor, Kennedy, and Souter wrote an unusual joint opinion that reaffirmed what they called Roe's essential holding, while discarding the trimester framework. In its place they adopted the undue-burden standard: a state may not place a substantial obstacle in the path of a woman seeking an abortion before viability. The Court upheld every provision except spousal notification. The joint opinion's long discussion of stare decisis and the Court's legitimacy is its most debated passage.
Justices Blackmun and Stevens wrote separately. Chief Justice Rehnquist and Justice Scalia wrote dissents arguing Roe should be overruled, which is what Dobbs did thirty years later.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Roe v. Wade, 410 U.S. 113 (1973) [as printed: Roe v. Wade, 410 U. S. 113 (1973); concurring-in-part-and-dissenting-in-part (Justice Scalia)] episode
- Mugler v. Kansas, 123 U.S. 623 (1887) at 660-661 [as printed: Mugler v. Kansas, 123 U. S. 623, 660-661 (1887); Opinion of the Court (Justice O’Connor)] (episode link pending)
- Poe v. Ullman, 367 U.S. 497 (1961) at 541 (Harlan, J., dissenting from dismissal on jurisdictional grounds) [as printed: Poe v. Ullman, 367 U. S. 497, 541 (1961) (Harlan, J., dissenting from dismissal on jurisdictional grounds); Opinion of the Court (Justice O’Connor)] (episode link pending)
- Michael H. v. Gerald D., 491 U.S. 110 (1989) at 122 (plurality opinion) [as printed: Michael H. v. Gerald D., 491 U. S. 110, 122 (1989) (plurality opinion); concurring-in-part-and-dissenting-in-part (ChieF Justice Rehnquist)] (episode link pending)
- Loving v. Virginia, 388 U.S. 1 (1967) [as printed: Loving v. Virginia, 388 U. S. 1 (1967); concurring-in-part-and-dissenting-in-part (ChieF Justice Rehnquist)] episode
- Pierce v. Society of Sisters, 268 U.S. 510 (1925) [as printed: Pierce v. Society of Sisters, 268 U. S. 510 (1925); concurring-in-part-and-dissenting-in-part (ChieF Justice Rehnquist)] (episode link pending)
- Griswold v. Connecticut, 381 U.S. 479 (1965) [as printed: Griswold v. Connecticut, 381 U. S. 479 (1965); concurring-in-part-and-dissenting-in-part (ChieF Justice Rehnquist)] episode
(+68 more named aloud; see the website)
Full list of 575 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/031-planned-parenthood-v-casey