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Justices Sotomayor and Stephen Breyer insisted that overturning Roe in whole or in part would bring ruin upon the court by abandoning the principle of staredecisis , or the respect for precedent. Texas , which overturned prior precedent allowing the criminalization of homosexual relations. Sheldon Whitehouse (D-R.I.)
Indeed, this issue came up in my exchanges with Professor Elizabeth Sepper of the University of Texas at Austin School of Law. However, in the interpretation of the Constitution, justices are fulfilling an oath to “ support and defend the Constitution of the United States.” Sheldon Whitehouse (D-R.I.)
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.
Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. Against staredecisis. Many amici focus on the principle of staredecisis – and urge the court not to follow it in this case.
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