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Full-Text Articles in Law
Unsettled Law: Social-Movement Conflict, Stare Decisis, And Roe V. Wade, Mary Ziegler
Unsettled Law: Social-Movement Conflict, Stare Decisis, And Roe V. Wade, Mary Ziegler
Connecticut Law Review
With President Donald Trump’s third Supreme Court nomination, the reexamination of Roe v. Wade has become a probability. An increasingly conservative Court will almost certainly not embrace the idea of abortion rights. Instead, the fate of abortion rights will likely turn on the meaning of stare decisis, a doctrine requiring the Court to pay some deference to its past decisions. Stare decisis has recently played a starring role in abortion jurisprudence. In his controlling concurrence in June Medical Services L.L.C. v. Russo, Chief Justice Roberts invoked stare decisis while gutting the substantive rule written into the precedent to which he …
Aggregate Stare Decisis, Kiel Brennan-Marquez
Aggregate Stare Decisis, Kiel Brennan-Marquez
Faculty Articles and Papers
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged in open debate echoing decades of scholarship-about the doctrine's role in our constitutional system. Broadly speaking, two camps have emerged. The first embraces the orthodox view that stare decisis should reflect "neutral principles" that run orthogonal to a case's merits; otherwise, it will be incapable of keeping the law stable over time. The second argues that insulating stare decisis from the underlying merits has always been a conceptual mistake. Instead, the doctrine should focus more explicitly on the merits by diagnosing the …