Supreme Court Overturns Roe v. Wade
Jun. 25th, 2022 08:42 amYesterday the Supreme Court published its decision on Dobbs v. Jackson Women's Health Organization. This is the political earthquake of a ruling that was leaked in draft form 7 weeks ago. Earthquake, because it reverses the 1973 ruling in Roe v. Wade that affirmed a woman's right to seek abortion. That "law of the land" has guided how women live their lives for nearly 50 years.
The overturning of a Supreme Court ruling is rare. There's a principle in jurisprudence called Stare Decisis. It's Latin for "Stand by things decided" and it means that judges should respect the precedent of previous decisions on an issue rather than whipsawing the law back and forth when they happen to disagree with it. Chief Justice John Roberts explained during his confirmation hearings years ago that stare decisis means that to reverse a past ruling a judge must conclude more than just that it was "wrongly decided"; judges must also weigh issues such as how a reversal upends settled expectations, whether a reversal diminishes the legitimacy of the court, and whether a particular precedent is workable or not.
Roberts did not to vote for overturning Roe v. Wade. Though he concurred with 5 other justices in upholding the Mississippi law at the center of Dobbs v. Jackson, a law that restricted abortion after 18 weeks, making that decision a 6-3 vote, he did not join the 5-4 majority that went far beyond that to strike down Roe v. Wade entirely.
How rare of an outcome is this? The only other time a Supreme Court ruling that affects the daily lives of literally tens of millions of Americans was when Brown v. Board of Education in 1954 overturned the 1896 ruling in Plessy v. Ferguson. Plessy notoriously upheld the doctrine of "Separate but Equal"— a cornerstone of racism perpetuating legal apartheid after the elimination of slavery in the 1860s. Note how the long arc of history bends toward justice in that reversal.... The reversal of Roe v. Wade is the first time the Supreme Court has ever reversed a previous opinion to take away a civil right.
The overturning of a Supreme Court ruling is rare. There's a principle in jurisprudence called Stare Decisis. It's Latin for "Stand by things decided" and it means that judges should respect the precedent of previous decisions on an issue rather than whipsawing the law back and forth when they happen to disagree with it. Chief Justice John Roberts explained during his confirmation hearings years ago that stare decisis means that to reverse a past ruling a judge must conclude more than just that it was "wrongly decided"; judges must also weigh issues such as how a reversal upends settled expectations, whether a reversal diminishes the legitimacy of the court, and whether a particular precedent is workable or not.
Roberts did not to vote for overturning Roe v. Wade. Though he concurred with 5 other justices in upholding the Mississippi law at the center of Dobbs v. Jackson, a law that restricted abortion after 18 weeks, making that decision a 6-3 vote, he did not join the 5-4 majority that went far beyond that to strike down Roe v. Wade entirely.
How rare of an outcome is this? The only other time a Supreme Court ruling that affects the daily lives of literally tens of millions of Americans was when Brown v. Board of Education in 1954 overturned the 1896 ruling in Plessy v. Ferguson. Plessy notoriously upheld the doctrine of "Separate but Equal"— a cornerstone of racism perpetuating legal apartheid after the elimination of slavery in the 1860s. Note how the long arc of history bends toward justice in that reversal.... The reversal of Roe v. Wade is the first time the Supreme Court has ever reversed a previous opinion to take away a civil right.