When the legal battle over abortion rights is joined Wednesday in the U.S. Supreme Court, advocates will face justices who claim loyalty to principles of “stare decisis,” or standing by precedents, but often are bitterly divided over how to apply them.
Will they experience the Alito versus Kagan showdown over stare decisis in the “fair share” union fee ruling from 2018? Or, Gorsuch versus Alito in the 2020 opinion requiring unanimous jury decisions in criminal trials? Or, Thomas versus Breyer in the state sovereign immunity ruling from 2019?
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