Showing posts with label legal precedent. Show all posts
Showing posts with label legal precedent. Show all posts

Sunday, September 26, 2021

The Supreme Court has overturned precedent dozens of times in the past 60 years, including when it struck down legal segregation

  It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes. But it’s inevitable that sometimes, the precedent has to go, and a court has to overrule another court or even its own decision from an earlier case.

  In its upcoming term, the U.S. Supreme Court faces the question of whether to overrule itself on abortion rights. Recent laws in Texas and Mississippi restrict the right of women to terminate pregnancies in ways that appear to challenge the long-standing precedent of the Supreme Court’s 1973 decision in Roe v. Wade, which allowed women to have abortions in most circumstances.