Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?
JonathanTurley
NOVEMBER 29, 2021
The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.
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