Their reasoning is akin to a driver slashing their own tires then suing the manufacturer for making a faulty car.
since the decision came down in 1973. Their latest strategy is rooted in the fact that lower courts have interpreted the Supreme Court’s abortion rulings differently. That is no surprise, since judges frequently disagree about the precise meaning of precedent. Yet the lawmakers’ brief exploits this disagreement to claim thatmust be eradicated.
ways. The legislators’ argument is a ticket good for one ride only, a creative attempt to work around precedent.. The Supreme Court has outlined several factors that may provide this justification: If a past decision is poorly reasoned, unworkable, or inconsistent with recent rulings—or if it rests upon discredited facts—it is more vulnerable to reversal. By contrast, if a past decision created interests that individuals have come to rely upon, it has more value as precedent.
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