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A dramaturgical analysis of social order in the Supreme Court Casey decision

Posted on:2001-04-19Degree:Ph.DType:Dissertation
University:Wayne State UniversityCandidate:McGee, Margaret AnnFull Text:PDF
GTID:1466390014456957Subject:Law
Abstract/Summary:
When the Supreme Court handed down its decision in Casey v Planned Parenthood of Pennsylvania, the abortion debate was effectively ended. While the Casey decision upheld the central holding of Roe v Wade , the Court legitimized extensive restrictions on abortion. Consequently, the Court appeased both sides of the volatile abortion debate. Seemingly, the pro-life side and pro-choice side were satisfied with the Court's resolution of this extensive debate.; The Casey decision is not without implications, however. Abortion has presented evidence of social pollution most specifically since 1973 when the Court handed down its decision in Roe v Wade. Roe did little to resolve the pollution presented by abortion. In fact, Roe enflamed pro-life activists and put pro-choice activists on the defensive. As the issue became more and more polarized, the opposing sides resorted to extreme measures for convincing the other side. Casey is an attempt to appease both sides and manage the pollution presented by abortion. The societal guilt created by the problem of abortion can be alleviated by putting women through a number of restrictions to abortion. Consequently, women still have access to abortion services but the State has the right to ensure the woman is fully informed of the implications of her decision. The real consequence for women obtaining abortion services is that they are then required to carry the burden of social guilt for this procedure all of their lives.
Keywords/Search Tags:Court, Casey, Decision, Abortion, Social
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