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Tom Molony on “Roe, Chief Justice Roberts, and Stare Decisis”

Here is a link to an excellent article by Tom Molony. The article, which was recently published in the Harvard Journal of Law & Public Policy, is entitled “Taking Another Look at the Call on the Field: Roe, Chief Justice Roberts, and Stare Decisis.”

The article “examines Chief Justice Roberts’s approach to stare decisis, attempting to identify matters that could prove important to him in evaluating Roe, but without offering a prediction about how he would vote in a case challenging the decision.”

The article is especially timely after the recent June Medical decision, in which the Chief Justice relied on stare decisis in invalidating Louisiana’s admitting privileges law. June Medical did not, of course, raise the issue of the continuing validity of Roe and Casey.

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