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Introduction
Stare decisis is a legal doctrine that mandates the courts to adhere to previous judicial rulings in comparable cases. As stated by constitutional expert T. Mates, stare decisis aims to ensure stability and uniformity in the legal system (Mates, 2022).
Discussion
However, the principle of stare decisis is only sometimes followed. In some situations, a court may choose to depart from it and reverse a prior ruling. In the case of Roe v. Wade, several arguments have challenged the idea that it is settled law under the principle of stare decisis. For example, some argue that the decision was based on flawed constitutional analysis. The Supreme Court’s interpretation of the constitutional right to privacy in Roe needed to be supported by the text (Mates, 2022). In addition, the lack of clear standards for determining the constitutionality of abortion regulations can lead to confusion.
Furthermore, advances in medical and scientific understanding of abortion and its effects on women and fetal life have also raised questions about the Court’s original balancing of interests in the Roe decision (Mates, 2022). These arguments suggest that the Supreme Court may reconsider and potentially overrule the decision in the future. It holds precedential weight under the doctrine of stare decisis.
Conclusion
As noted by Mates (2022), the principle of stare decisis is meant to provide stability and consistency in the legal system. However, the arguments against the Roe v. Wade decision being settled law under stare decisis suggest that the decision may be revisited and potentially overruled.
Reference
Mates, T. (2022). What is stare decisis? Constitutional expert explains why Roe v. Wade decision stood for 50 years. WKMG. Web.
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