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Casey Abortion Case Study

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In Casey, the Court based their decision on the principles of institutional integrity and the rule of stare decisis and held the essential holding in Roe to be retained and reaffirmed (“Due Process and Fundamental Rights”). As a result of the holding, “a woman has a right to choose to have an abortion in the period before viability without ‘undue interference from the state” (“Due Process and Fundamental Rights”). Additionally, “the state has an interest in the fetus, which entitles to restrict abortions as long as exceptions exist for pregnancies that endanger a woman’s life or health” (“Due Process and Fundamental Rights”). Furthermore, “the state has an interest in the woman’s health and fetal health” (“Due Process and Fundamental Rights”).

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