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The Roe and Casey Decisions
With all the attention on the Dobbs case, I thought for this week's trivia we could dig in a little bit into the background of the Roe and Casey decisions. In that article, it credits a Supreme Court law clerk with first proposing what is in my view the dubious viability standard as the standard that justices should use to regulate abortions. Do you remember who he clerked for? That would be Justice Powell. He recently passed away in March of 2020, but before he passed away, he talked about his role as the first individual to propose the viability standard to the justices.