Breyer, Sotomayor and Kagan, JJ. dissenting
over, enforced the constitutional principles Roe had declared. See, e.g., Ohio v. Akron Center for Reproductive Health, 497 U. S. 502 (1990); Hodgson v. Minnesota, 497 U. S. 417 (1990); Simopoulos v. Virginia, 462 U. S. 506 (1983); Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft, 462 U. S. 476 (1983); H. L. v. Matheson, 450 U. S. 398 (1981); Bellotti v. Baird, 443 U. S. 622 (1979); Planned Parenthood of Central Mo. v. Danforth, 428 U. S. 52 (1976).
Then, in Casey, the Court considered the matter anew, and again upheld Roe's core precepts. Casey is in significant measure a precedent about the doctrine of precedent—until today, one of the Court's most important. But we leave for later that aspect of the Court's decision. The key thing now is the substantive aspect of the Court's considered conclusion that "the essential holding of Roe v. Wade should be retained and once again reaffirmed." 505 U. S., at 846.
Central to that conclusion was a full-throated restatement of a woman's right to choose. Like Roe, Casey grounded that right in the Fourteenth Amendment's guarantee of "liberty." That guarantee encompasses realms of conduct not specifically referenced in the Constitution: "Marriage is mentioned nowhere" in that document, yet the Court was "no doubt correct" to protect the freedom to marry "against state interference." 505 U. S., at 847–848. And the guarantee of liberty encompasses conduct today that was not protected at the time of the Fourteenth Amendment. See id., at 848. "It is settled now," the Court said—though it was not always so—that "the Constitution places limits on a State's right to interfere with a person's most basic decisions about family and parenthood, as well as bodily integrity." Id., at 849 (citations omitted); see id., at 851 (similarly describing the constitutional protection given to "personal decisions relating to marriage, procreation, contraception, [and] family relationships"). Especially
