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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Ineffective assistance of counsel. Washington. Filing a new petition in a second Andrus v.

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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents. The court ruled 5-4 to allow the Texas law to be enforced. She later blamed the case for reversing the trend toward more pro-choice states.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

The conventional wisdom was that although there may have been four votes to take up the case, the court’s more conservative justices were not convinced that Roberts would provide the fifth vote needed to strike down the laws. And when the Supreme Court issued its ruling in the case on June 23, Roberts was on board.

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