Remove Constitutional Law Remove Court Rules Remove Legal Remove Stare Decisis
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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. That does not mean the court will do so, but it could substantially reduce Roe’s hold over states.

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Court on a Hot Tin Roof: Airing Out “the Stench” from the Oral Argument Over Abortion

JonathanTurley

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. The 1896 ruling of Plessy v. There ain’t nothin’ more powerful than the odor of mendacity.”.