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Full-Text Articles in Law
The Courts Under President Obama, Scott A. Moss
How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins
How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins
Faculty Publications
More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the trimester test …