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

JonathanTurley

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. 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.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. A close reading of Stenberg v.

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

SCOTUSBlog

Share When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would vote to end the constitutional right to an abortion. If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Katie Barlow).

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

SCOTUSBlog

Numerous groups attack the viability standard that the court adopted in Roe v. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Wade and Planned Parenthood v. Legislative authority.