Opinion of the Court
the deciding vote—argued that “[n]othing about Casey suggested that a weighing of costs and benefits of an abortion regulation was a job for the courts.” Id., at ___ (opinion concurring in judgment) (slip op., at 6). And the four Justices in dissent rejected the plurality’s interpretation of Casey. See 591 U. S., at ___ (opinion of Alito, J., joined in relevant part by Thomas, Gorsuch, and Kavanaugh, JJ.) (slip op., at 4); id., at ___–___ (opinion of Gorsuch, J.) (slip op., at 15–18); id., at ___–___ (opinion of Kavanaugh, J.) (slip op., at 1–2) (“[F]ive Members of the Court reject the Whole Woman’s Health cost-benefit standard”).
This Court’s experience applying Casey has confirmed Chief Justice Rehnquist’s prescient diagnosis that the undue-burden standard was “not built to last.” Casey, 505 U. S., at 965 (opinion concurring in judgment in part and dissenting in part).
3
The experience of the Courts of Appeals provides further evidence that Casey’s “line between” permissible and unconstitutional restrictions “has proved to be impossible to draw with precision.” Janus, 585 U. S., at ___ (slip op., at 38).
Casey has generated a long list of Circuit conflicts. Most recently, the Courts of Appeals have disagreed about whether the balancing test from Whole Woman’s Health correctly states the undue-burden framework.[1] They have disagreed on the legality of parental notification rules.[2]
- ↑ Compare Whole Woman’s Health v. Paxton, 10 F. 4th 430, 440 (CA5 2021), EMW Women’s Surgical Center, P.S.C. v. Friedlander, 978 F. 3d 418, 437 (CA6 2020), and Hopkins v. Jegley, 968 F. 3d 912, 915 (CA8 2020) (per curiam), with Planned Parenthood of Ind. & Ky., Inc. v. Box, 991 F. 3d 740, 751–752 (CA7 2021).
- ↑ Compare Planned Parenthood of Blue Ridge v. Camblos, 155 F. 3d 352, 367 (CA4 1998), with Planned Parenthood of Ind. & Ky., Inc. v. Ad-
