Editing Planned Parenthood v. Casey (section)

====Rehnquist and Scalia, joined by White and Thomas====
[[File:William Rehnquist.jpg|thumb|175px|Chief Justice [[William Rehnquist]] was the senior justice of the four that dissented against the upholding of ''Roe''.]]
Rehnquist and Scalia each joined the plurality in upholding the parental consent, informed consent, and waiting period laws. However, they dissented from the plurality's decision to uphold ''Roe v. Wade'' and strike down the spousal notification law, contending that ''Roe'' was incorrectly decided. In his opinion, Chief Justice Rehnquist questioned the fundamental right to an abortion, the "right to privacy", and the strict scrutiny application in ''Roe''.<ref>''Casey'', 505 U.S. at 950–54 (Rehnquist, C.J., concurring in part, dissenting in part).</ref> He also questioned the new "undue burden" analysis under the plurality opinion, instead deciding that the proper analysis for the regulation of abortions was rational-basis.<ref>''Casey'', 505 U.S. at 966 ("Accordingly, we think that the correct analysis is that set forth by the plurality opinion in ''Webster''. A woman's interest in having an abortion is a form of liberty protected by the Due Process Clause, but States may regulate abortion procedures in ways rationally related to a legitimate state interest.").</ref>

In his opinion, Justice Scalia also argued for a rational-basis approach, finding that the Pennsylvania statute in its entirety was constitutional.<ref>''Casey'', 505 U.S. at 981 (Scalia, J., concurring in part, dissenting in part).</ref> He argued that abortion was not a "protected" liberty, and as such, the abortion liberty could be intruded upon by the State.<ref>''See Casey'', 505 U.S. at 979–80 (finding that it is not unconstitutional to intrude upon the abortion liberty because the abortion liberty is not a protected liberty).</ref> To this end, Justice Scalia concluded this was so because an abortion right was not in the Constitution, and "longstanding traditions of American society" have allowed abortion to be legally proscribed.<ref>''Casey'', 505 U.S. at 980.</ref> Rehnquist and Scalia joined each other's concurrence/dissents. White and Thomas, who did not write their own opinions, joined in both.