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“Supreme Court Decision Just Opened the Door for Overturning Roe v. Wade”

That’s the title of a LifeNews.com  article discussing the Supreme Court’s decision in Franchise Tax Board v. Hyatt (May 13, 2019). In Hyatt, the Court overruled Nevada v. Hall, a Supreme Court decision from 1979. Nevada v. Hall decided that states were not immune from suit in the state courts of other states. In Franchise Tax Board v. Hyatt, the Court overruled Nevada v. Hall. In so doing, the Court (in a 5-4 decision) emphasized that stare decisis is not an inexorable command. Justice Breyer’s dissent criticized the majority for being too willing to overturn a decision and he stated that the “decision can only cause one to wonder which cases the Court will overrule next.” Breyer cited Casey’s endorsement of stare decisis. Many observers have speculated that Breyer’s opinion is a warning that the Court will soon overrule Roe v. Wade and Planned Parenthood v. Casey.

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