Casey, Ginsburg sought to ground the Court’s abortion
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iPhone Cases The concurrence also stated that Justices Thomas and Scalia joined the Court’s opinion “because it accurately applies current jurisprudence.” In addition, the concurrence reiterated the justices’ view that current abortion jurisprudence “has no basis in the Constitution.” Nadine Strossen, president of the ACLU at the time, pointed out that “no less an anti abortion proponent than Justice Scalia joined by Justice Thomas, in his separate opinion, chided the majority for not coming out and explicitly saying that they had overturned not Roe v. Wade, but the prior partial birth abortion ban case.”[19]Joined by justices David Souter, John Paul Stevens, and Stephen Breyer, Justice Ruth Bader Ginsburg dissented,[20] contending that the ruling was an “alarming” one that ignored Supreme Court abortion precedent and “refuse[d] to take Casey and Stenberg seriously.” Referring in particular to Planned Parenthood v. Casey, Ginsburg sought to ground the Court’s abortion jurisprudence based on concepts of personal autonomy and equal citizenship rather than the Court’s previous privacy approach: “Thus, legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.”[2]. iPhone Cases
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