Stenberg v. Carhart/Dissent Rehnquist

Chief Justice Rehnquist, dissenting.

I did not join the joint opinion in Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), and continue to believe that case is wrongly decided. Despite my disagreement with the opinion, under the rule laid down in Marks v. United States, 430 U.S. 188, 193 (1977), the Casey joint opinion represents the holding of the Court in that case. I believe Justice Kennedy and Justice Thomas have correctly applied Casey 's principles and join their dissenting opinions.