JonathanTurley
MAY 14, 2022
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.
Legal Research is Easy
AUGUST 5, 2019
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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Constitutional Law Reporter
DECEMBER 27, 2021
However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v.
Constitutional Law Reporter
JANUARY 3, 2022
However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v.
JonathanTurley
AUGUST 7, 2022
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. There is nothing disingenuous in saying that a case is not super-precedent but still might not be overturned.
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.
JonathanTurley
MAY 17, 2021
The Mississippi law at issue banned abortions after 15 weeks — seven weeks earlier than past laws passing constitutional muster. State legislators have been passing laws like live torpedos on the water and this one just hit with a 6-3 conservative court. Hellerstedt that addressed a virtually identical law.
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