Planned Parenthood v. Casey

Sandra Day O’Connor was seen as the most influential justice. She hadn’t taken a stand on Roe v. Wade previously, but leading up to Planned Parenthood v. Casey she, along with Souter, decided that they agreed with the “essence” of the decision made in Roe v. Wade and wanted to strike down the spousal notification provision in the Pennsylvania law. O’Connor and Souter persuaded Kennedy to join their side and obtained the five votes needed to have the decision go their way.

The conservatives didn’t get their desired result of Roe v. Wade overturned.

Jay Sekulow used the right of free speech listed in the First Amendment instead of the freedom of religion guaranteed in the Free Exercise Clause to argue his cases. The Jews for Jesus were stopped from handing out leaflets at a Los Angeles airport, so it sued the airport. Sekulow argued in Board of Airport Commissioners of the City of Los Angeles v.

Jews for Jesus, Inc. that the airport’s actions violated the religious group’s right of free speech and was “censorship of an unpopular group.”

Originalism is the belief that the Constitution is meant to interpreted as the original framers of the document meant it. Scalia implied that he wasn’t nutty like Clarence Thomas who disregarded stare decisis of the last two hundred years to honor the original intentions of the Constitution. Almost all justices held precedents set in previous cases in high esteem, except for Clarence Thomas.

Stare decisis is a Latin phrase that directly translates to “stand by things decided.

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” Essentially, it is the rule that the Supreme Court stand by precedents set in previous cases. Clarence Thomas and Antonin Scalia were both originalists but Thomas totally disregarded stare decisis while Scalia respected the idea of stare decisis.

Anthony Kennedy held the swing vote in Bush v. Gore and used the Equal Protection Clause of the Fourteenth Amendment to extend the principle of “‘one person, one vote’ from the question of how districts are apportioned before the election to the question of how votes are counted after the election.” Because Florida counties had different standards, they violated the Equal Protection Clause.

In the Roper v. Simmons case, Anthony Kennedy was the primary advocate for banning capital punishment on juveniles and cited foreign nations’ policies and legal documents in his speech. Other justices, like Antonin Scalia, believed that the decisions in U.S. court cases should be made based solely on what happens in the United States, not in other countries.

Grutter v. Bollinger was a case that supported affirmative action at the University of Michigan and Nevada v. Hibbs was a case that allowed Congress to uphold a Family and Medical Leave Act.

The term amicus curiae means “friend of the court” and is a brief filed with a court by an individual or group who is not party to a lawsuit that provides relevant information. In Grutter v. Bollinger, General Motors submitted this brief to display the importance of a diverse workforce. Sixty-five Fortune 500 companies and high-profile military retirees also submitted briefs in support of affirmative action’s goal to promote diversity.

The Supreme Court majority argued that the court system had the authority to decide whether foreign prisoners were wrongfully imprisoned at Guantanamo Bay, and the Bush legal team argued that the executive branch should have that authority. The court ruled 6-3 in Rasul v. Bush that the Guantanamo detainees had the right to challenge their incarceration in a U.S. district court.

The judicial branch is considered by many the most powerful branch in U.S. government and O’Connor was the first woman to be appointed to the Supreme Court, the highest court in the nation. She was one of the most influential justices in her time. O’Connor held up Roe v. Wade in Planned Parenthood v. Casey and was a part of the five winning votes in Bush v. Gore.

There was immediate concern and outrage when Harriet Miers was announced as George W. Bush’s nomination to replace Sandra Day O’Connor. Conservatives desperately wanted a truly conservative justice that would fulfill their goal of overturning Roe v. Wade. Because little was known about Miers’ background, many conservatives were afraid that she might turn out to be like David Souter who was appointed by a Republican president, George H. W. Bush, but later turned out to be more liberal. She also didn’t have an impressive resume like many nominees, was close to the president, and lacked judicial experience. She dropped her nomination and Samuel Alito took her place.

Once Sandra Day O’Connor left, her title of swing vote landed upon Anthony Kennedy. In Hamdan v. Rumsfeld, Kennedy voted with the four other liberals to end Bush’s plans for Guantanamo Bay.

Samuel Alito, John Roberts, Antonin Scalia, Clarence Thomas, and Anthony Kennedy; Roman Catholicism

Bill Clinton appointed Ruth Bader Ginsburg and Stephen Breyer. George W. Bush appointed John Roberts and Samuel Alito.

Two female justices have entered the Supreme Court — David Souter was replaced by Sonia Sotomayor and John Paul Stevens was replaced by Elena Kagan. Antonin Scalia has passed away and his replacement was Neil Gorsuch. Anthony Kennedy was replaced by Brett Kavanaugh. The addition of Justice Kavanaugh marks the first time in over fifty years that the Court is comprised of a solid conservative majority.

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Planned Parenthood v. Casey. (2022, Feb 25). Retrieved from

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