Constitutional Law, Louisiana and Stare Decisis

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Constitutional Law

Louisiana

Stare Decisis

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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We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

NOVEMBER 30, 2021

For instance, the National Right to Life Committee and the Louisiana Right to Life Federation argue that the court should reject the “categorical viability line” and replace it with a new “roadmap” under which courts would consider all state interests when analyzing the constitutionality of prohibitions on pre-viability elective abortions.

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Paralegal Brief

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

We read all the amicus briefs in Dobbs so you don’t have to

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