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

JonathanTurley

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.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. Casey and Roe v. Whole Woman’s Health v.

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

SCOTUSBlog

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Legislative authority.

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

SCOTUSBlog

Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. The Mississippi law and the court’s abortion precedents. The Mississippi law at the heart of the case is known as H.B. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.”