Preserving the Core of Roe: Reflections on Planned Parenthood v. Casey

Abstract

In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court backed away from affording women the highest level of constitutional protection for the abortion choice, but nonetheless promised to preserve Roe v. Wade's core objectives by instituting the undue burden standard for measuring the constitutionality of restrictions on abortion. In the years following the Casey decision, states and the federal government have added more and more restrictions on women's access to abortion. This Article asks whether Casey's undue burden standard has meaningfully protected a woman's right to an abortion.