Wednesday, July 20, 2005
Judge Roberts, Roe, and Casey
I am not sure that I agree with Rob that Roberts' full quote regarding Roe forecloses my nuanced reading. Fully and faithfully applying Casey (unlike Carhart), gives a judge a lot of latitude in determining what is or is not an undue burden on the so-called right to an abortion, as we see in the disagreement between Kennedy on the one hand and Souter and O'Connor on the other over the partial birth abortion question. Given the fact that laws coming before the circuit court will likely be limitations (not prohibitions) on abortion, raising the issue of whether the limitation or restriction is an undue burden, couldn't a judge who disagreed with Roe fully and faithfully apply Casey and reach the conclusion that very few laws create an undue burden?
Michael S.
https://mirrorofjustice.blogs.com/mirrorofjustice/2005/07/i_am_not_sure_t.html