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).
Share this story

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Advertisement
Advertisement





Comments