Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

In reply to the discussion: Message auto-removed [View all]

Unvanguard

(4,588 posts)
21. Some of them are. For the ones that aren't, two reasons:
Sat Mar 21, 2015, 09:27 PM
Mar 2015

First, the "undue burden" test established by Planned Parenthood v. Casey (which partially overruled Roe and Doe) is ambiguous and hard to apply. It gives states a lot of leeway to say that they're just trying to protect various interests associated with abortion (the health of the woman, respect for life, "informed consent&quot rather than trying to actually prevent people from getting abortions. And while it may be obvious to you and me that that's their real objective, it's hard for a court to come up with a manageable test to distinguish one from the other.

Second, lots of judges don't like reproductive choice and don't like Roe and are happy to read the relevant precedents as narrowly as possible and give states as free a reign as possible. And the flexibility of the undue burden standard lets them get away with it, though we'll have to see what the Supreme Court does when it takes up another case (it probably will soon).

Recommendations

0 members have recommended this reply (displayed in chronological order):

Message auto-removed [View all] Name removed Mar 2015 OP
Sexism. bravenak Mar 2015 #1
Message auto-removed Name removed Mar 2015 #2
They implement bureaucratic measures to make it difficult for clinics to be in business Fumesucker Mar 2015 #5
They use the law against itself. bravenak Mar 2015 #6
Message auto-removed Name removed Mar 2015 #9
They found ways to chip away at the right, mainly by regulating the clinics out of business. NutmegYankee Mar 2015 #3
Message auto-removed Name removed Mar 2015 #4
Bingo davidpdx Mar 2015 #11
Fear Freddie Mar 2015 #7
Nothing in Roe v. Wade mandates access to abortion. former9thward Mar 2015 #8
Message auto-removed Name removed Mar 2015 #10
Exactly SickOfTheOnePct Mar 2015 #18
Any person of means has abortion legally available to them Aerows Mar 2015 #12
Access to abortion is not mandated by either of those cases. What those cases say kelly1mm Mar 2015 #13
Message auto-removed Name removed Mar 2015 #14
They cannot make it totally illegal, but they make is very onerous to do so NutmegYankee Mar 2015 #15
Message auto-removed Name removed Mar 2015 #16
Courts are human, and inconsistent. NutmegYankee Mar 2015 #19
Message auto-removed Name removed Mar 2015 #20
Some of them are. For the ones that aren't, two reasons: Unvanguard Mar 2015 #21
Message auto-removed Name removed Mar 2015 #22
Basically, yes, you are correct. A good example is the recently overturned WI case that said kelly1mm Mar 2015 #17
Latest Discussions»General Discussion»Message auto-removed»Reply #21