Bench Memos

NRO’s home for judicial news and analysis.

Specter, Roe, and Precedent


If my notes are correct, Roberts stated that Roe is “settled as a precedent of the Court.” At the same time, he repeatedly stated that he would not address how principles of stare decisis apply to any particular case. So it appears that all he means by the first statement is the factual observation that Casey reaffirmed Roe (and, as he said, that Casey would therefore provide the starting point for any stare decisis analysis).


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