Roe v. Wade “is important precedent of the Supreme Court that has been reaffirmed many times. But then Planned — and this is the point that I want to make that I think is important. Planned Parenthood v. Casey reaffirmed Roe and did so by considering the stare decisis factors,” he said in 2018. “So Casey now becomes a precedent on precedent. It is not as if it is just a run-of-the-mill case that was decided and never been reconsidered, but Casey specifically reconsidered it, applied the stare decisis factors, and decided to reaffirm it. That makes Casey a precedent on precedent.”
What Gorsuch said:
“Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. The reliance interest considerations are important there, and all of the other factors that go into analyzing precedent have to be considered,” he told senators in March 2017. “It is a precedent of the U.S. Supreme Court. It was reaffirmed in Casey in 1992 and in several other cases. So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”
He added, “For a judge to start tipping his or her hand about whether they like or dislike this or that precedent would send the wrong signal. It would send the signal to the American people that the judge’s personal views have something to do with the judge’s job.”
Alito:
“Roe v. Wade is an important precedent of the Supreme Court. It was decided in 1973, so it has been on the books for a long time,” he said.
But he stopped short of calling the landmark ruling settled law.
“If settled means it can’t be re-examined, then that’s one thing,” he told senators on the Judiciary Committee. “If settled means that it is a precedent that is entitled to respect as stare decisis, and all of the factors that I’ve mentioned come into play, including the reaffirmation and all of that, then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis in that way.”
He added, “It has been challenged. It has been reaffirmed. But it is an issue that is involved in litigation now at all levels.”
You can read the rest here:
[link:https://www.nytimes.com/live/2022/06/25/us/abortion-roe-wade-supreme-court#scotus-justices-roe-wade-abortion|
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