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To: Tula Git
I don't have time to outline all abortion jurisprudence, but you should read Planned Parenthood vs. Casey (1992).
It's the sad one where in the original conference the vote was 4-4 to overrule Roe. Justice Kennedy was apparently hoping to get O’Connor to join him so it would be 6-3.
When she wouldn't he eventually caved and sent a note to Blackmun saying he had news that Blackmun would find welcoming. Blackmun then smiled and wrote out a short note saying “Roe sound”.
Rehnquist was to write the majority opinion and then received the news that his opinion would be the minority.
Apparently Scalia went over to Kennedy's house the night before the opinion was handed down for one last appeal.
The point of this is that Kennedy is a bastard, and that Roe was essentially modified by PP v. Casey. That's where they got the undue burden test.
The libs had to concede a few points regarding the right of states to regulate abortion just to get his vote.
To see how that worked out take a look at Stenberg v. Carhart (2000) where Kennedy dissented in the 5-4 ruling which struck down Nebraska's ban on partial birth abortion.
The majority used Kennedy's opinion in Casey to support their decision and an incensed Kennedy wrote the dissent.
I believe Scalia wrote a separate dissent basically saying to Kennedy “I told you so dumb ass, what did you expect?”
Since then the federal ban on partial birth abortion was upheld 5-4 after O’Connor was replaced with Alito.
Hope the history lesson wasn't too boring FRiend.
16 posted on 10/31/2013 8:43:12 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Clump

The original vote was 5-4 to overrule Roe. That 4-4 was a typo.


17 posted on 10/31/2013 8:44:10 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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