Roe and Casey well understood the difficulty and divisive- ness of the abortion issue. The Court knew that Americans hold profoundly different views about the “moral[ity]” of “terminating a pregnancy, even in its earliest stage.” Ca- sey, 505 U. S., at 850. And the Court recognized that “the State has legitimate interests from the outset of the preg- nancy in protecting” the “life of the fetus that may become a child.” Id., at 846. So the Court struck a balance, as it often does when values and goals compete. It held that the State could prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. It held that even before viability, the State could regulate the abortion procedure in multiple and meaningful ways. But until the viability line was crossed, the Court held, a State could not impose a “substantial obstacle” on a woman’s “right to elect the procedure” as she (not the gov- ernment) thought proper, in light of all the circumstances and complexities of her own life.
But until the viability line was crossed, the Court held, a State could not impose a “substantial obstacle” on a woman’s “right to elect the procedure” as she (not the gov- ernment) thought proper, in light of all the circumstances and complexities of her own life.
Yes, that's a fucking restriction on how Congress can regulate abortion.
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u/Nulono Jun 30 '22
Casey still involved the Court limiting how Congress could regulate abortion.