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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

The Washington Post confirmed that the United States is one of only seven out of the world’s 198 countries that allow for abortions after the 20th week of pregnancy.). 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. And the Supreme Court has reaffirmed the decision–sometimes on the merits; sometimes, in Casey , based on stare decisis.

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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. demanded that Kavanaugh promise to respect stare decisis on cases like Roe, but then called for overturning cases like Citizens United v. Sheldon Whitehouse (D-R.I.) Federal Election Commission.