January 17, 2022

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Supreme Court justices on abortion, during confirmation and from the bench – Politico

1 min read

Then “One of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992.”

Planned Parenthood v. Casey reaffirmed Roe and did so by considering the stare decisis factors. So Casey now becomes a precedent on precedent. It is not as if it is just a run of the mill case that was decided and never been reconsidered.”

Now “History helps think about stare decisis, as I’ve looked at it, and the history of how the court’s applied stare decisis, and when you really dig into it, the history tells a somewhat different story, I think than is sometimes assumed. If you think about some of the most important cases, the most consequential cases in this Court’s history, there’s a string of them where the cases overruled precedent.”

“When you have those two interests at stake and both are important, as you acknowledge, why should this Court be the arbiter, rather than Congress, the state legislatures, state supreme courts, the people being able to resolve this?”

Justice Amy Coney Barrett

nominated by President Donald Trump and confirmed in 2020

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