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3: The Case That Changed Roe: Planned Parenthood v. Casey (1992) - Part 1

Release Date: 06/24/2022

5: Abortion Law and the Rise of Regulation

I Am Roe, Hear Me Roar

In this episode, we begin by acknowledging that abortion was returned to the states on June 24, 2022, with the Supreme Court decision in Dobbs v. Jackson. This meant that state laws banning abortion could no longer be overturned on the grounds they violate a woman’s Constitutional right of privacy. Whether laws that restrict abortion are acceptable is to be addressed democratically by the people. Next, we discuss the fact that there are seven types of restrictions states can enact, related to costs, delays, availability, and consent. So, even though one has a “right” to something, it’s...

4: The Day That Roe Died

I Am Roe, Hear Me Roar

This episode addresses the June 24, 2022 bombshell decision from the U.S. Supreme Court - Dobbs v. Jackson - which overturned Roe v. Wade and Planned Parenthood v. Casey. We begin the show by exploring the core issue in Dobbs, which is the “fundamental right” to choose to have an abortion created by Roe. First up, we identify what fundamental rights are and where they’re found in the Constitution. Then we take a deep dive into the Due Process Clause of the 14th Amendment since that is the source of the “privacy right” in Roe. This leads us to a discussion of the term...

3: The Case That Changed Roe: Planned Parenthood v. Casey (1992) - Part 1

I Am Roe, Hear Me Roar

This episode lays the groundwork for understanding the second most important abortion case in American law, Planned Parenthood v. Casey, decided in 1992. The episode begins with an acknowledgment that Roe did not settle the abortion debate, but rather created a fractious debate that didn’t really exist before it was passed. We then shift to discussing the myriad health and safety regulations passed by various states in the post-Roe years and why they were struck down by the high court. This leads into a discussion of standards of judicial review and how courts determine whether a law...

2: What Does Roe v. Wade Actually Say?

I Am Roe, Hear Me Roar

This episode lays the groundwork for understanding Roe v. Wade, the famous 1973 Supreme Court decision that effectively legalized abortion nationwide for the first time. First, we set the stage - the legal stage that is. We begin with an explanation of Jane Roe’s initial lawsuit filed in the federal district court in Dallas, Texas against Henry Wade, the district attorney in Dallas County, where she argued that the 1854 Texas law criminalizing abortion, except in cases to save the life of the mother, was unconstitutional. Jane won half the case, so she appealed to the...

1: Introduction to I Am Roe, Hear Me Roar

I Am Roe, Hear Me Roar

Welcome to Episode 1 of I am Roe, Hear Me Roar. This introductory episode is a table of contents of sorts for the podcast so you know what to expect. Here’s the scoop. What is the show about? Specifically, I am Roe, Hear Me Roar is a legal podcast. It will paint a clear picture of the legal landscape surrounding abortion in the United States. It is neither a political nor advocacy show arguing for or against a particular position on abortion. Instead, it’s a revelatory show - safe for everyone, irrespective of your personal opinions or political position regarding...

I Am Roe, Hear Me Roar - Podcast Trailer

I Am Roe, Hear Me Roar

Welcome to I Am Roe, Hear Me Roar! I'm your host, Kelley Keller. This podcast recounts the journey of Jane Roe, Henry Wade, their cataclysmic meeting in the United States Supreme Court, and the ensuing aftermath. The show will focus on asking and answering the following questions: What exactly does Roe say? What exactly does Roe NOT say? What is the state of the law now? Where do we go from here? What actually happened to Roe and Wade? So, please join me on this fascinating journey as we unpack the ongoing fight for abortion rights in America that no one...

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This episode lays the groundwork for understanding the second most important abortion case in American law, Planned Parenthood v. Casey, decided in 1992.

The episode begins with an acknowledgment that Roe did not settle the abortion debate, but rather created a fractious debate that didn’t really exist before it was passed.

We then shift to discussing the myriad health and safety regulations passed by various states in the post-Roe years and why they were struck down by the high court. This leads into a discussion of standards of judicial review and how courts determine whether a law is constitutional or unconstitutional.

Understanding the standard of review is key for understanding Planned Parenthood v. Casey, which changed the standard of review for abortion cases and reduced the court’s authority to police regulatory legislation. It is also important to understand the role Justice Sandra Day O’Connor played in crafting Casey and this new standard of review.

We also explain that Casey also threw out Roe’s trimester framework in favor of a viability test, which, given advances in medical technology, necessarily made it easier to regulate abortion earlier in the pregnancy.

We wrap the show with a TL;DR about the two pillars of abortion law, Roe and Casey, and the role they play in the current legal environment.

The next episode will take a deep dive into Casey and how we regulate abortion in the United States.

Links Mentioned

Roe v. Wade - Supreme Court: https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137

Akron v. Akron Center for Reproductive Health

https://supreme.justia.com/cases/federal/us/462/416/#tab-opinion-1955113

Calautti v. Franklin - Supreme Court:

https://supreme.justia.com/cases/federal/us/439/379/

Thornburgh v. American College of Obstetricians

https://supreme.justia.com/cases/federal/us/439/379/

Webster v. Reproductive Health Services

https://supreme.justia.com/cases/federal/us/492/490/