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Alabama and 2016’s Montgomery v. ” Even if the court had “doubts” about that rule, they should have provided “special justification” before overruling Miller and Montgomery , which they failed to do: How low this Court’s respect for staredecisis has sunk.
That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. Twenty-five states and the District of Columbia have banned life in prison without parole for children under state law.
Pro-life advocates argue laws like Mississippi’s Gestational Age Act , a 15-week abortion limit, are clearly constitutional. abortion law, which currently allows unlimited abortion up to birth under Roe v. The abortion providers’ case relies heavily on staredecisis. Law professor Helen Alvaré et al.
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