Casey was eloquently written, but relied on Roe for the existence of the underlying abortion right, without offering a more rigorous foundation. It still ultimately rests on Griswold’s “emanations from penumbras.”
Casey was the start of the self-licking ice cream cone the abortion right eventually became—asserted to exist because it was said to exist by a precedent nobody could defend.
Casey was the start of the self-licking ice cream cone the abortion right eventually became—asserted to exist because it was said to exist by a precedent nobody could defend.