Talk:Planned Parenthood v. Casey

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[edit] Stare Decisis?

Although popularly understood as an "abortion" case, I think more needs to be made of Casey's very significant changes to the doctrine of stare decisis, which merits more than just a one paragraph note. The four-part Casey test needs to be explained in detail and it needs to be alluded to in the lead paragraph. Strangely, it may be the stare decisis element of Casey that has the longer term consequences for abortion jurisprudence, rather than the Court's specific and highly restrained language about abortion itself here. I thought of making these changes myself but am too novitiate in Wikipedia protocol to do it without mangling the fine job that's already been done!

I agree that it's a significant part of the Court's opinion and should be discussed further. We should avoid doing more than summarizing what the opinion states, however, rather than trying to state what the consequences will be, because I'm not aware of any subsequent Court decisions expressly applying the stare decisis principles from Casey. Though law review comments and speculation to that effect would be appropriate to document in a "critical response" section. Postdlf 14:56, 13 May 2006 (UTC)

[edit] Deletion

User 71.96.138.95 has inserted and then re-inserted her opinion that O'Connor declared her support of Roe v. Wade in her opinion in Webster v. Planned Parenthood. I encourage everyone to read O'Connor's opinion in Webster; nowhere does she declare her support for Roe v. Wade. 71.96.138.95 has also inserted her opinion that Justice Stevens had "long since developed a liberal reputation" and that Justice White was a "moderate conservative." White was very, very liberal in his interpretation of the commerce clause and on busing issues; 71.96.138.95, who provoked a similar silly discussion by repeatedly describing Anthony Kennedy as a "liberal" on the Anthony Kennedy page, seems to think the only thing that matters in con. interpretation is how broadly one interprets the 14th amendment. Justice Stevens similarly is not really a judicial liberal; he believes the death penalty to be constitutional, for example, a view most judicial liberals disagree with. And once again 71.96.138.95 refuses to respond on the talk page. So I am reverting Please Don't BlockPlease Don't Block

Now the same anon user defends her claim that O'Connor was an "obvious" supporter with another reference to Webster and a reference to Rust v. Sullivan. If anon user had read Rust with an eye towards anything other than the result O'Connor supported, she would have found that O'Connor dissented entirely on statutory, not constitutional grounds. Let me repeat that: O'Connor disagreed as to how the majority had interpreted the statute at issue in Rust, and specifically avoided giving her opinion on constitutional matters. Similarly, anon user cites Webster in a very deceptive manner. O'Connor did not say in Webster it would always violate judicial restraint to reconsider Roe (which is how anon spins her partial quotation from O'Connor), but only argued that it was unnecessary to reconsider Roe in the context of the Webster litigation. Here is the full quote: "Unlike the plurality, I do not understand these viability testing requirements to conflict with any of the Court's past decisions concerning state regulation of abortion. Therefore, there is no necessity to accept the State's invitation to reexamine the constitutional validity of Roe v. Wade, 410 U.S. 113 (1973)." (Italics added). So I am reverting. Please Don't BlockPlease Don't Block

[edit] United States First Amendment case law

Why is this in category: United States First Amendment case law?? Can that be elaborating upon in the article? —Preceding unsigned comment added by 99.230.227.87 (talk) 17:34, 4 November 2007 (UTC)