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Pro-Choice and Pro-Life Legalities


"The Court of Appeals for the Third Circuit affirmed in part and reversed in part, upholding all of the regulations except for the husband notification requirement. Then-Circuit Judge Samuel Alito sat on that three-judge appellate panel and dissented from the court's invalidation of that requirement (Planned Parenthood v. Casey, para. 7). .
             The U.S. Supreme Court's deliberation at the conference of the judges two days after oral argument, Justice Souter collaborated with Justices O'Connor, Stevens, and Blackmun, who three years prior refused to in the Webster v. Reproductive Health Services case. As a result, the five majority decision of Chief Justice William Rehnquist, Byron White, Antonin Scalia, Anthony Kennedy, and Clarence Thomas that sanctioned to uphold all the abortion prohibitions. However, Kennedy rescinded his ruling and joined Justices Sandra Day O'Connor and David Souter to compose a plurality opinion that would reaffirm the case of Roe. .
             Plurality nullified portions of Roe v. Wade despite its emphasis on stare decisis (a principle or rule established in past cases that is binding on or persuasive for a court or other tribunal when ruling subsequent cases with like issues or facts), Chief Justice Rehnquist in disagreement argued that this section was entirely obiter dicta (a citing or observation resided by a judge that is included within the group of the court's opinion, does not necessarily become a part of the court's decision). All these opening sections were joined by Justices Blackmun and Stevens for the majority. .
             The other decisions did not command a majority, but at least two other Justices concurred in judgment on each of the remaining points. The plurality then annulled the ruling used in Roe to account the woman's interest in obtaining an abortion opposing the State's concern to the life of the fetus. Further advancements in medical technology meant that at the time Casey was decided, a fetus is considered viable at 22 or 23 weeks rather than at the 28 weeks that was more prone at the time of Roe.


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