Opinion: Why Roberts stuck with precedent in the abortion case (via latimesopinion)
Roberts dissented in that case and on Monday said that he still thought it was wrongly decided. But he went on: “The question today however is not whether Whole Woman’s Health was right or wrong, but whether to adhere to it in deciding the present case.”He continued: “The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike.
It’s hard to imagine a bigger jolt to the legal system than a repudiation of a precedent that is only four years old involving essentially the same piece of legislation. Roberts would have looked ridiculous if he hadn’t voted as he did — and the court would have as well.
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