Monday, November 2, 2009

Driving That Train: Casey's "Undue Burden" - Better Tell Your Folks!!

It's not like Illinois is behind the times or anything-- the General Assembly finally got around to incorporating the Court's Planned Parenthood v. Casey, 505 U.S. 833 (1992) ruling into it's abortion notification law. Casey (and its later progeny) held in part that a State can require minors who seek abortions to give their parents notice of their intent, or, if that would be an "undue burden" on the minor (e.g., due to a terribly abusive home), then the minor would have to petition a court for a "judicial bypass."

As a side-note, I'm currently reading The Nine. It's pretty good--if one can get past the occasional strawmen characterizations (think: Scalia comes off as a judicial Penguin, and O'Connor comes off as Wonder Woman). One of the central threads throughout The Nine is the role of Roe v. Wade and abortion in the selection and confirmation process.

As a further side-note, I chose not to provide a graphic for this post for two inter-related reasons: (1) I couldn't find a picture that seemed to sum up the point; (2) My search for "Roe v. Wade" in Google's Images Search resulted in some rather disturbing pictures. Not for the faint of heart, at all...

* One-Million BBL points to the first commenter who can tell me what song I'm loosely referencing in the headline. First hint-- it has nothing to do with abortion.


  1. Bruce SPringstein

  2. Re: the song: No. Fail. Not even close. Try again.

  3. Casey Jones, you better watch your speed...

  4. Trouble ahead, trouble behind... :-)
    Casey Jones, The Grateful Dead

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