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

JonathanTurley

Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws. 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.

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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.”.

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Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” In 1977, the Supreme Court ruled in Trans World Airlines v.