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Clarence Thomas: “When Someone Uses Stare Decisis that Means They’re Out of Arguments”

JonathanTurley

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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Word of the Month for August 2019: Stare Decisis

Legal Research is Easy

Thing is, these days law and the decisions courts hand down are very much like that. The kicker is that unlike parents (who, hopefully, are on the same page and the kid realizes that it's unlikely dad will overrule mom), it is critical that courts make the same rulings over and over so that people know how law will be applied.

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Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame

JonathanTurley

These signatories seek to sanction Barrett for holding opposing views on issues that have divided the court and the legal profession for decades. The point is only that the case is protected by the same principles of a stare decisis as other cases, which affords protection to precedent but does not make such cases inviolate.

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

JonathanTurley

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

JonathanTurley

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. She said many abortion opponents, including the sponsors of the Mississippi abortion law at issue, hoped her three new colleagues would allow for the reversal or reduction of Roe v. They are not the only figures showing such selective outrage.

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No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

JonathanTurley

No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent.

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“Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity

JonathanTurley

I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments. Yes, a majority of the public is angry about the court’s decision in June to eliminate constitutional protection for the right to abortion. In her column, What Chief Justice Roberts Misses , Marcus writes that.