| − | The main opinion of the court, written by [[Stephen Breyer]], held that the precedent of [[Planned Parenthood v. Casey]] required holding as unconstitutional this law based on his view that it placed an "undue burden" on obtaining an [[abortion]]. Justices [[Ruth Bader Ginsburg]], [[John Paul Stevens]], and O'Connor wrote concurrences which focused on speculative health concerns and the doctor-patient relationship. In particular, O'Connor wrote that such a law required an exception for allowing the procedure if the abortionist felt that his operation was needed for the health of the mother. In ''[[Bolton v. Doe]]'' 1973), the Court had defined health of the mother to include psychological or even [[economic]] considerations. | + | The [http://www.law.cornell.edu/supct/html/99-830.ZO.html main opinion of the court], written by [[Stephen Breyer]], held that the precedent of [[Planned Parenthood v. Casey]] required holding as unconstitutional this law based on his view that it placed an "undue burden" on obtaining an [[abortion]]. Justices [[Ruth Bader Ginsburg]], [[John Paul Stevens]], and O'Connor wrote concurrences ([http://www.law.cornell.edu/supct/html/99-830.ZC2.html], [http://www.law.cornell.edu/supct/html/99-830.ZC.html], [http://www.law.cornell.edu/supct/html/99-830.ZC1.html]) which focused on speculative health concerns and the doctor-patient relationship. In particular, O'Connor wrote that such a law required an exception for allowing the procedure if the abortionist felt that his operation was needed for the health of the mother. In ''[[Bolton v. Doe]]'' 1973), the Court had defined health of the mother to include psychological or even [[economic]] considerations. |
| − | Justice [[Anthony Kennedy]] wrote a dissent arguing that the law was consistent with ''Casey'' because it allowed some laws protecting the fetuses. Justices [[Clarence Thomas]] and [[Antonin Scalia]] wrote separate additional dissents rejecting that there was any right to an [[abortion]] at all and thus not recognizing any logic which used ''Casey'' or ''[[Roe v. Wade]]''. Indeed, Justice Scalia went so far in his dissent to attack Justice Kennedy's claims that the majority was not following ''Casey'' and argued furthermore that the decision by the majority demonstrated a reducio ad absurdam of ''Casey''. | + | Justice [[Anthony Kennedy]] wrote a [http://www.law.cornell.edu/supct/html/99-830.ZD2.html dissent] arguing that the law was consistent with ''Casey'' because it allowed some laws protecting the fetuses. Justices [[Clarence Thomas]] and [[Antonin Scalia]] wrote separate additional dissents ([http://www.law.cornell.edu/supct/html/99-830.ZD3.html], [http://www.law.cornell.edu/supct/html/99-830.ZD1.html]) rejecting that there was any right to an [[abortion]] at all and thus not recognizing any logic which used ''Casey'' or ''[[Roe v. Wade]]''. Indeed, Justice Scalia went so far in his dissent to attack Justice Kennedy's claims that the majority was not following ''Casey'' and argued furthermore that the decision by the majority demonstrated a reducio ad absurdam of ''Casey''. |