Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?
JonathanTurley
NOVEMBER 29, 2021
Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. That does not mean the court will do so, but it could substantially reduce Roe’s hold over states. Hodges and the ObamaCare ruling in NFIB v.
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