Justice Kennedy's Legacy


According to Janus, ane share inward determining whether a prior determination should hold upwardly overruled is that is was "poorly reasoned." I'm tempted to brand that the sole "explanation" of this post's title, exactly to hold upwardly clear most the point: Romer and Obergefell fit that description (in my view, Lawrence doesn't). The headnote to Janus offers a crisp summary of around other share (the persuasion is less crisp, exactly the headnote is accurate): attempting to salve a weak precedent past times recasting its reasoning. From the perspective of its critics, that describes Roe v. Wade in calorie-free of Casey.

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