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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Board of Education, in which the Court overruled precedent and established new constitutional law. Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. 1395l(t)(12).”. .:

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Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

Board of Education, in which the Court overruled precedent and established new constitutional law. Meanwhile, the Court’s liberal minority emphasized the importance of stare decisis, arguing that the Court’s decisions should not be impacted by the changing membership of the Court. 1395l(t)(12).”. .:

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

JonathanTurley

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

JonathanTurley

Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of stare decisis , or the respect for precedent. There ain’t nothin’ more powerful than the odor of mendacity.”. They are not the only figures showing such selective outrage.

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Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.

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

SCOTUSBlog

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”