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View Diary: Judge blocks Wisconsin copycat law requiring abortion doctors to have hospital admitting privileges (54 comments)

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  •  It is, but Casey is complicated. (0+ / 0-)

    The main opinion in Casey is a plurality opinion.  Souter, O'Connor and Kennedy made up the middle in those days.  Rehnquist and Scalia wanted to overturn Roe and Blackmun and Stevens wanted to invalidate other parts of the Pennsylvania law in question.  It is a real mish-mash of opinions, where Scalia and Rehnquist joined some parts of the plurality and Blackmun and Stevens joined other parts.  I don't even know whether the "undue burden" phrase garnered a full five votes.

    Now that Souter and O'Connor are gone, replaced by Alito and Sotomayor, the right-wingers figure they will press the issue.  They have the votes to get the case before the Court (you only need four votes to grant cert.)  Once there, who knows what Kennedy will do, although you would think that as the author of the plurality opinion, he would not vote to overturn Roe.

    I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

    by ccyd on Mon Aug 05, 2013 at 04:34:44 PM PDT

    [ Parent ]

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