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Sandra Day O'Connor wasn't a member of the US Supreme Court when Roe v. Wade, (1973) was heard; President Reagan appointed her to the Court in 1981.

Any discussion of Roe v. Wade requires mentioning Justice Sandra Day O'Connor's plurality/majority opinion from Casey v. Planned Parenthood, 505 U.S. 833, 112 S.Ct. 2791 U.S.Pa., 1992. This may come as a surprise to most, but Roe v. Wade does not reflect the current state of the law regarding abortion. What someone else may tell you notwithstanding, Roe is little more than an easily remembered symbol. The US Supreme Court has decided many abortion cases since Roe, some of which significantly affected Roe. Of those cases, Casey had the greatest affect. Casey actually modified Roe in the following ways:

The idea that the right elucidated in Roe emanated from the Constitution was affirmed, but not enthusiastically. Instead, Justice O'Connor stated that the judicial doctrine of stare decisis required reaffirmation of Roe's essential holding; that a woman's right to choose an abortion before the fetus becomes viable overrides the state's opposing interest in protecting a potential life.

The bright line trimester approach of Roe was rejected due to the fact that the state of medical science is not static. [Casey reduced the legal age of viability from 24 to 22 weeks.] In its place, Justice O'Connor specified that if the state regulation did not impose an "undue burden" on a woman's right to choose an abortion, the law would not be struck down. In other words, before a state law regulating an abortion procedure would be struck down as unconstitutional, it would have to impose a substantial obstacle to the woman's effective right to elect the procedure.

Since Casey, the US Supreme Court weakened Roeeven further when it refused to find the 2003 ban on the so called "partial-birth abortion" unconstitutional. Gonzales v Carhart, 550 U.S. 124, 127 S.Ct 1610 U.S., 2007. Before Gonzales, it was generally accepted that any regulation that prohibits an abortion procedure after the fetus has become viable will be deemed unconstitutional unless it contains an exception to protect the life or the health of the mother. By refusing to find the 2003 ban on "partial-birth abortion" unconstitutional, the majority in Gonzales rejected the necessity of requiring any post viability prohibition of an abortion procedure contain an exception for the life or the health of the mother.

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Q: What was Sandra Day O'Connor's objection to Roe v Wade?
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Sandra Day O'Connor was born on March 26, 1930.


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