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Abrogating stare decisis by statute: may Congress remove the precedential effect of Roe and Casey?
Journal article

Abrogating stare decisis by statute: may Congress remove the precedential effect of Roe and Casey?

The Yale law journal, Vol.109(7), pp.1535-1602
05/01/2000

Abstract

Abortion Constitutional law Decisions Legal status, laws, etc Legislation Stare decisis Supreme court United States Women
View that the answer should be in the affirmative, on the theory that it was the rule of deference to precedence, rather than the merits of the case, that was the basis of the 1992 US Supreme Court decision in Planned Parenthood v. Casey to reaffirm the 1973 decision in Roe v. Wade recognizing a woman's constitutional right to abortion.

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