Notable Items:

Part II of Pluarity Opinion details the basis and history of Substantive Due Process.
Part III A 3 details history of Supreme Court abortion decisions from Roe to Casey.
Part III B "A basic change in the law upon a ground no firmer than a change in our membership invites the popular misconception that this institution is little different from the two political branches of the Government. No misconception could do more lasting injury to this Court and to the system of law which it is our abiding mission to serve") Mapp v. Ohio, 367 U. S. 643, 677 (1961) (Harlan, J., dissenting).
Petitioner: Planned Parenthood of Southeastern Pa.
Respondent: Casey, et. al.
Opinion of the Court: Planned Parenthood of Southeastern Pa. v. Casey (1992)

Issue(s) Before the Court:

Whether the decision in Roe v. Wade should be overturned as wrongly decided.

Petitioner's Claim(s):

Respondent's Claim(s):

Holding(s) and Disposition:

Held: No. Roe v. Wade is affirmed.
... the state’s compelling interest in protecting the life of an unborn child means that it can ban an abortion of a viable fetus under any circumstances except when the health of the mother is at risk.
... laws restricting abortion should be evaluated under an undue burden standard

Material Facts:

Procedural History:


Plurality Opinion of the Court for Parts I, II, III, V-A, V-C, and VI (O'Connor, Kennedy, Souter)

Stevens Concurrance in Parts IV; V-B, and V-D (??) (page 911)

Blackmun Concurrance in Parts I, II, III, V-A, V -C, and VI

Rehnquist Concurrance in part, dissent in part (White, Scalia, Thomas)

Scalia Concurrance in part, dissent in part (White, Rehnquist, Thomas)

Full Recounting of Facts

Plurality Full Argument