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Bench Memos

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“Worthy of Respect”



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The Washington Post’s homepage is running with the headline “Roberts Says Roe v. Wade Decision Is ‘Worthy of Respect’”. As it happens, a text search of Roberts’s testimony indicates that he never used this phrase. And his statement that Roe is “entitled to respect” is merely a specific instance of his broader position that every Supreme Court precedent is entitled to respect. That respect calls for a justice to proceed carefully in determining to overrule a case, but does not itself bar overruling.



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