Supreme Court Sound Bites

Sound Bite: Facts of the case.  Mississippi's Gestational Age Act provides that, "except in a medical emergency, or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform or induce an abortion of an unborn human being, if the probable gestational age of the unborn human being has been[...]

Sound Bite: The critical question is whether the Constitution, properly understood, confers a right-to-obtain-an-abortion. Casey's controlling opinion skipped over that question, and reaffirmed Roe solely on the basis of stare decisis. A proper application of stare decisis, however, requires an assessment of the strength of the grounds on which Roe was based.

Sound Bite: The Constitution makes no express reference to a right-to-obtain-an-abortion, but several constitutional provisions have been offered as potential homes for an implicit constitutional right. Roe held that the abortion right is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The Casey Court grounded its[...]

Sound Bite: The Court finds that the right to abortion is not deeply rooted in the Nation's history and tradition. Guided by the history and tradition that map the essential components of the Nation's concept of ordered liberty, the Court finds the Fourteenth Amendment clearly does not protect the right to an abortion. Until the[...]

Sound Bite: Instead of seriously pressing the argument that the abortion right itself has deep roots, supporters of Roe and Casey contend that the abortion right is an integral part of a broader entrenched right. Roe termed this a right to privacy, and Casey described it as the freedom to make "intimate and personal choices"[...]

Sound Bite: Finally, the Court considers whether a right-to-obtain-an-abortion is part of a broader entrenched right that is supported by other precedents. The Court concludes the right-to-obtain-an-abortion cannot be justified as a component of such a right. Attempts to justify abortion through appeals to a broader right to autonomy, and to define one's "concept of[...]

Sound Bite: Casey identified another concern, namely, the danger that the public will perceive a decision overruling a controversial, "watershed" decision such as Roe, as influenced by political considerations or public opinion. But the Court cannot allow its decisions to be affected by such extraneous concerns. A precedent of this Court is subject to the[...]

Sound Bite: Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. The Court overrules those decisions, and returns that authority to the people and their elected representatives.

Sound Bite: Holding Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.

Sound Bite: Full Syllabus