How does weakening stare decisis in the dobbs decision

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Reference no: EM133315351

Case Study: Background: It is generally agreed among legal scholars that the U.S. Supreme Court's majority opinion in Dobbs v. Jackson Women's Health Organization (2022) weakened stare decisis.

Question 1: How does weakening stare decisis in the Dobbs decision threaten to overturn other legally protected rights (by way of the statute and/or the U.S. Constitution) that go beyond the right to abortion? Make sure that you explain what stare decisis is, and, why it is an important legal principle. Also, be specific as to what other legally protected rights may now be in jeopardy and explain why they may be in jeopardy.
Question 2: Do you think a federal ban on abortion with no exceptions for rape, incest or the health or life of the mother would prevail at the U.S. Supreme Court as it is currently constituted (i.e., in terms of who the current Justices are)? If so, how, and if not, why not? Be sure to provide a legally-based argument to support your position as opposed to how you simply "feel" might be the case.

 

Reference no: EM133315351

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