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