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To: Dog Gone
Great quote from the Scalia dissent: "To tell the truth, it does not surprise me, and should surprise no one, that the Court has chosen today to revise the standards of stare decisis set forth in Casey. It has thereby exposed Casey's extraordinary deference to precedent for the result-oriented expedient that it is."

Thus the stage has been set for the overturning of Roe.

104 posted on 06/26/2003 8:48:15 AM PDT by aristeides
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To: aristeides
Thus the stage has been set for the overturning of Roe.

I don't think so.

While Scalia is right that the court overturned its own policy regarding stare decisis, the right to privacy rationale was reaffirmed rather strongly. Taken to its logical conclusion, the court could overturn Roe using the reasoning of today's case, but it would still have to overturn the right to privacy which was the cornerstone of this case.

It's a paradox, but it appears that the court values the latter more highly and probably is free to ignore it's own legal arguments in this case. After all, it's only stare decisis.

159 posted on 06/26/2003 9:28:27 AM PDT by Dog Gone
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To: aristeides
Thus the stage has been set for the overturning of Roe.

huh? if anything, this decision has made roe stronger than ever.

256 posted on 06/27/2003 10:43:14 AM PDT by jethropalerobber
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