Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?
JonathanTurley
NOVEMBER 29, 2021
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. 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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