Changes

In fact, the Supreme Court often changes its mind.  In 1940, it held that a Jehovah’s Witness can be forced to say the Pledge of Allegiance against his religion.  Two years later, in 1943, the Supreme Court reversed itself and said no one should be forced to violate their own religious beliefs like that.  In other cases, the Supreme Court has even reversed itself within a year.

In fact, the Supreme Court often changes its mind.  In 1940, it held that a Jehovah’s Witness can be forced to say the Pledge of Allegiance against his religion.  Two years later, in 1943, the Supreme Court reversed itself and said no one should be forced to violate their own religious beliefs like that.  In other cases, the Supreme Court has even reversed itself within a year.

In 1992, the Supreme Court had an opportunity to overturn its Roe v. Wade decision, which earlier declared a new constitutional right to abortion.  But Justice Kennedy cast the deciding fifth vote against overturning it, saying that stare decisis compelled him to be consistent with Roe v. Wade.  However, last June, Justice Kennedy wrote a decision in favor of gay rights that expressly overturned a decision in 1986.

In 1992, the Supreme Court had an opportunity to overturn its ''Roe v. Wade'' decision, which earlier declared a new constitutional right to abortion.  But Justice Kennedy cast the deciding fifth vote against overturning it, saying that stare decisis compelled him to be consistent with ''Roe v. Wade''.  But on another controversial social issue, Justice Kennedy did write a decision that expressly overturned a prior decision.

 

Do you think stare decisis should prevent the Court from overturning ''Roe v. Wade''?

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