article thumbnail

Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. 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.

article thumbnail

Abortion Rights Took Center Stage During Busy Week for Supreme Court

Constitutional Law Reporter

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. 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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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

JonathanTurley

Sebelius ); the majority supports Mississippi in its ban on abortions after the 15th week of pregnancy. 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. Hodges and the ObamaCare ruling in NFIB v.

article thumbnail

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

JonathanTurley

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. She said many abortion opponents, including the sponsors of the Mississippi abortion law at issue, hoped her three new colleagues would allow for the reversal or reduction of Roe v. They are not the only figures showing such selective outrage.

article thumbnail

In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

Jackson Women’s Health Organization , a challenge to a Mississippi law that bans almost all abortions after the 15th week of pregnancy, that a majority of the court was ready and willing to roll back abortion rights. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

Laws 97
article thumbnail

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. Amicus briefs supporting Mississippi. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

article thumbnail

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

SCOTUSBlog

Wednesday’s argument in Dobbs , which involves a Mississippi ban on almost all abortions after the 15th week of pregnancy, comes 30 days after the court heard arguments in another consequential abortion controversy: a pair of challenges to a six-week abortion ban that took effect in Texas on Sept. Mississippi’s arguments.