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

JonathanTurley

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. The court ruled 5-4 to allow the Texas law to be enforced. She later blamed the case for reversing the trend toward more pro-choice states.

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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.