Opinion of the Court
Casey’s “undue burden” test has proved to be unworkable. “[P]lucked from nowhere,” 505 U. S., at 965 (opinion of Rehnquist, C. J.), it “seems calculated to perpetuate give-it-a-try litigation” before judges assigned an unwieldy and inappropriate task. Lehnert v. Ferris Faculty Assn., 500 U. S. 507, 551 (1991) (Scalia, J., concurring in judgment in part and dissenting in part). Continued adherence to that standard would undermine, not advance, the “evenhanded, predictable, and consistent development of legal principles.” Payne, 501 U. S., at 827.
D
Effect on other areas of law. Roe and Casey have led to the distortion of many important but unrelated legal doctrines, and that effect provides further support for overruling those decisions. See Ramos, 590 U. S., at ___ (opinion of Kavanugh, J.) (slip op., at 8); Janus, 585 U. S., at ___ (slip op., at 34).
Members of this Court have repeatedly lamented that “no legal rule or doctrine is safe from ad hoc nullification by this Court when an occasion for its application arises in a case involving state regulation of abortion.” Thornburgh, 476 U. S., at 814 (O’Connor, J., dissenting); see Madsen v. Women’s Health Center, Inc., 512 U. S. 753, 785 (1994) (Scalia, J., concurring in judgment in part and dissenting
Health, 888 F. 3d 300, 313 (CA7 2018) (Manion, J., concurring in judgment in part and dissenting in part); Planned Parenthood of Ind. & Ky., Inc. v. Box, 949 F. 3d 997, 999 (CA7 2019) (Easterbrook, J., concurring in denial of reh’g en banc) (“How much burden is ‘undue’ is a matter of judgment, which depends on what the burden would be … and whether that burden is excessive (a matter of weighing costs against benefits, which one judge is apt to do differently from another, and which judges as a group are apt to do differently from state legislators)”); National Abortion Federation v. Gonzales, 437 F. 3d 278, 290–296 (CA2 2006) (Walker, C. J., concurring); Planned Parenthood of Rocky Mountains Servs. Corp. v. Owens, 287 F. 3d 910, 931 (CA10 2002) (Baldock, J., dissenting).
