Jurisprudence of Doubt: Planned Parenthood v. Casey, A

Abstract

INTRODUCTION|On January 22, 1973, the United States Supreme Court handed down the landmark abortion-rights decision, Roe v. Wade, setting the stage for what was to become one of the most divisive legal, political, and moral debates in American history.|On one side of the debate are the pro-choice advocates, who claim that Roe was a correct decision as a matter of constitutional law. They contend that a woman's right to terminate her pregnancy is a fundamental liberty interest which should be free from intrusions by the state. On the other side of the debate are the pro-life advocates, who argue that Roe was an improper constitutional interpretation. They claim that the right of an unborn child to live is so profound that states should be allowed to prohibit women from aborting their fetuses or, at least, be permitted to place greater restrictions on the abortion procedure...