Planned Parenthood V Casey Quotes

For now, we excerpt this sentence from the 1992 Planned Parenthood v. Casey ruling, in which the court opined that “at the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Well, actually not. The universe is already here. It has already been defined for us; otherwise it would not be in existence. Our choice is not to make up the meaning of the universe but to discern its meaning and then either conform ourselves to it or revolt against it.

Justices in the United States believe that their duty is to uphold the Constitution, but if they do not understand that the authority of the Constitution itself rests upon the inalienable natural rights of all human beings, then they not only undermine the Constitution, which they are sworn to uphold but also turn themselves into wielders of arbitrary power. Regrettably, this misuse of power occurred in both the Dred Scott decision and in the Roe v. Wade decision (and its subsequent interpretation in cases such as Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey).

Notice how wickedly and cunningly the serpent tempted Eve: “God knows well that the moment you eat of it your eyes will be opened and you will be like gods who know what is good and what is evil.” The basic sin, the original sin, is precisely this self-deification, this apotheosizing of the will. Lest you think all of this is just abstract theological musing, remember the 1992 Supreme Court decision in the matter of Casey v. Planned Parenthood. Writing for the majority in that case, Justice Kennedy opined that “at the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, of the mystery of human life.” Frankly, I can’t imagine a more perfect description of what it means to grasp at the tree of the knowledge of good and evil. If Justice Kennedy is right, individual freedom completely trumps objective value and becomes the indisputable criterion of right and wrong. And if the book of Genesis is right, such a move is the elemental dysfunction, the primordial mistake, the original calamity. Of

In 1992, the Supreme Court in Planned Parenthood v. Casey affirmed the central holding in Roe and declared that it could not overturn that ruling because, in the intervening two decades, women had come to rely on abortion for ordering their lives and achieving equality.

... there are clear parallels between the Supreme Court's language describing black slaves in the infamous Dred Scott v. Sandford slavery case, and the court's language describing unborn babies in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).

RBG’s image as a moderate was clinched in March 1993, in a speech she gave at New York University known as the Madison Lecture. Sweeping judicial opinions, she told the audience, packed with many of her old New York friends, were counterproductive. Popular movements and legislatures had to first spur social change, or else there would be a backlash to the courts stepping in. As case in point, RBG chose an opinion that was very personal to plenty of people listening: Roe v. Wade. The right had been aiming to overturn Roe for decades, and they’d gotten very close only months before the speech with Planned Parenthood v. Casey. Justices Anthony Kennedy, David Souter, and Sandra Day O’Connor had instead brokered a compromise, allowing states to put restrictions on abortion as long as they didn’t pose an “undue burden” on women—or ban it before viability. Neither side was thrilled, but Roe was safe, at least for the moment. Just as feminists had caught their breath, RBG declared that Roe itself was the problem. If only the court had acted more slowly, RBG said, and cut down one state law at a time the way she had gotten them to do with the jury and benefit cases. The justices could have been persuaded to build an architecture of women’s equality that could house reproductive freedom. She said the very boldness of Roe, striking down all abortion bans until viability, had “halted a political process that was moving in a reform direction and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue.” This analysis remains controversial among historians, who say the political process of abortion access had stalled before Roe. Meanwhile, the record shows that there was no overnight eruption after Roe. In 1975, two years after the decision, no senator asked Supreme Court nominee John Paul Stevens about abortion. But Republicans, some of whom had been pro-choice, soon learned that being the anti-abortion party promised gains. And even if the court had taken another path, women’s sexual liberation and autonomy might have still been profoundly unsettling. Still, RBG stuck to her guns, in the firm belief that lasting change is incremental. For the feminists and lawyers listening to her Madison Lecture, RBG’s argument felt like a betrayal. At dinner after the lecture, Burt Neuborne remembers, other feminists tore into their old friend. “They felt that Roe was so precarious, they were worried such an expression from Ruth would lead to it being overturned,” he recalls. Not long afterward, when New York senator Daniel Patrick Moynihan suggested to Clinton that RBG be elevated to the Supreme Court, the president responded, “The women are against her.” Ultimately, Erwin Griswold’s speech, with its comparison to Thurgood Marshall, helped convince Clinton otherwise. It was almost enough for RBG to forgive Griswold for everything else.

The freedom to decide what is my own good is enshrined in Justice Anthony Kennedy’s majority opinion in Planned Parenthood v. Casey (1992): “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”3 Freedom means, “Hands off, I’ve got this. I know what I want.” I’ll know I’m free when I get to decide what’s good for me, when every choice is a blank check of opportunity and possibility.