![]() Roe is the most recent high-profile instance, but courts ignore precedent all the time. That's how you get different federal districts or appeals districts ruling differently on similar cases. ![]() When it comes to courts on the same level, or SCOTUS considering pervious rulings by previous SCOTUSes, there is literally no law that compels them to respect any other ruling. But they can and do willfully disregard higher court rulings when they feel like it. Lower courts abide by higher court rulings when it's convenient. I'l won't get into a debate on Roe specifically, but the entire concept of "legal precedent" is basically just a gentleman's agreement between courts, and in actual fact means nothing if a given judge decides not to abide. Not to get political here, this is just an example, but roe v wade was legal precedent until it wasn’t. There was a pretty sound legal argument and precedent set that I think it is far less at risk of being overturned, imo. I don't see any politicians running fundraising campaigns or judges being political activists in support of emulator legal rights. Of course, the politicians were basically making fortunes on fundraising on the abortion rights issue, on both sides, so even though Democrats were in super majorities a number of times over the decades, like when Obama was voted into office in 2008 and had 60 senator super majority, and control of the house, and could have voted it into rule of law at zero risk of filibuster, they chose not to. Roe v Wade is sort of unique in that the original ruling was largely deemed as a political ruling, not necessarily of sound legal argument, and as such, it was VERY vulnerable to being overturned, to the point that Ruth Bader Ginsburg, staunchly pro abortion rights, was not fond of Roe v Wade at all and she wanted the politicians to actually vote into law securing roe v wade. While true, I wonder how sound the original case is.
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