Planned Parenthood V. Casey (1992) Term Paper

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The pro-life sections were deeply disappointed as they had considered Casey as an ideal opportunity for the Court to overturn Roe.

Legal Reaction to the Case

The legal fraternity realized that the U.S. Supreme Court was loathe to re-visit its previous decisions or to endanger stability. Some of the justices had decided that even if the Roe holding had been wrong, they would rather amend parts of it instead of overturning it. ("Ken Starr Looks...," n.d.) They recognized that the force of stare decisis was the deciding factor in the decision. As a result of this realization, the pro-life lawyers geared up to fight abortion law at the state level by making it as restrictive as possible.

Historical Impact

The Casey holding cooled down the heightened expectations of the pro-life and anti-Roe activists. It removed the uncertainty (at least for the time being) about an important issue that has divided the American public along very divisive lines. It also sent an important signal to the U.S. Presidents that Justices appointed by them to the country's highest court do not always behave as the Presidents want them to.

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The Casey decision was significant in the fact that 4 Justices appointed by pro-life, conservative Presidents passed on the chance to repeal Roe while Justice White (appointed by the most liberal President Kennedy) voted to overturn Roe. ("Predicting Judicial Behavior...," 2004)

Current Relevance

Casey is still relevant because the present U.S. administration is clearly in favor of making abortion illegal, the Congress is dominated by Republicans and there is a possibility of replacement of more than one Justice on the Court during the 2nd Bush term. In such circumstances, the "shifting of the ground from Roe's "privacy" principle to the liberty principle of the 14th Amendment by Casey, may well be the key behind Roe's continued survival despite an unprecedented domination of all the 3 branches of the U.S. government by the Republicans......

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