"A past decision’s reaffirmance strengthens its precedential weight, but like any judicial holding, that reaffirmance must be explicit. “Most important, the court must have decided the issue for which the precedent is claimed; it cannot merely have discussed it in dictum, ignored it, or assumed the point without ruling upon it.” To be counted as a “reaffirmance,” the issue ofRoe’s validity as a precedent must have been “brought to the attention of the court” and “ruled upon” through a “dispositive judgment” or a “determinate holding.” Only three Supreme Court decisions meet this standard. 1. In Akron v. Akron Center for Reproductive Health, the Court voted 6–3 that while “the doctrine of stare decisis [is] perhaps never entirely persuasive on a constitutional question...[w]e respect it today, and reaffirm Roe v. Wade.” 2. In Thornburgh v. American College of Obstetricians and Gynecologists,149 the Court voted 5–4 to reaffirm “the general principles laid down in Roe and in Akron.” 3. In Planned Parenthood v. Casey, the Court also voted 5–4 to reaffirm Roe’s “central holding” that “the Constitution protects a woman’s right to terminate her pregnancy in its early stages.” By declining margins, therefore, the Supreme Court has reaffirmed some aspect of Roe v. Wade three times in nearly 50 years. As Senator Orrin Hatch (R–UT) has written, there is nothing “super” about Roe v. Wade as a precedent. Should the Court reconsider whether Roe remains a valid precedent, it will apply traditional principles ofstare decisis to determine if Roe should be retained or abandoned. The case to be argued on December 1, 2021, provides that opportunity."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
pp.13-14
https://en.wikiquote.org/wiki/Roe_v._Wade
Revision History
No revisions have been submitted for this quote.
Categories
Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
1424 quotes on TrueQuotesView all quotes by Roe v. Wade →
Related Quotes
"Harry Blackmun questioned Weddington again on the issue of fetal personhood, as did Potter Stewart. They wanted her t…"
"In 1938, seven Justices heard a constitutional challenge to a federal ban on shipping adulterated milk in interstate …"
"The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitu…"
"Beyond these paltry authorities, the Court adds only the argument that we should not “encourage a kitchen-sink approa…"
"JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. The procedural posture of this case l…"
"JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and JUSTICE KAGAN join, dissenting. The Court’s order is stunning. Presen…"
"By the time that Michael Taylor sent out his communiqué, pro-life lawyers had been preparing legal arguments in Roe a…"
"Lawyers for the states of both Georgia and Texas argued that abortion restrictions were appropriate because the state…"
"Pro-life lawyers had complained before about the poor quality of state attorney’s attempts to defend restrictive abor…"
"Ellen McCormack’s Long Island-based organization, Women for the Unborn, which now had 2,000 members, submitted a brie…"