Howe: Alito draft states stare decisis is weakest in constitutional interpretation cases
Amy Howe · E79: Analyzing the leaked draft overturning Roe v. Wade with Amy Howe and Tom Goldstein · May 7, 2022 · at 21:56
Amy Howe, Supreme Court reporter and co-founder of SCOTUSblog, discusses the legal logic regarding precedent used by Justice Samuel Alito in the leaked draft opinion overturning Roe v. Wade.
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“One of the things he talks about when he's outlining the principle of stare decisis, he says that this principle is actually at its weakest in cases like this one involving the interpretation of the Constitution, because only the Supreme Court gets to say what the Constitution means.”
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