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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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No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

JonathanTurley

The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. You begin with the touchstone of stare decisis and the preference for preserving precedent. pressed him on whether Roe is “settled law,” Alito responded again by stating the obvious: “Roe v.

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“Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity

JonathanTurley

Now, Washington Post columnist Ruth Marcus has criticized Chief Justice Roberts as missing the point in his defense of the Court. Yes, a majority of the public is angry about the court’s decision in June to eliminate constitutional protection for the right to abortion. During the confirmation hearing for Justice Kavanaugh, Sen.