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View Diary: Understanding the Right to Privacy And the Right to Choose (322 comments)

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  •  I'm sure you know as well as anyone else... (none)
    That while everything the court has decided can technically be labeled as stare decisis, some parts are viewed as stronger than others.

    For example, Plessy was stare decisis and was overturned.  Marbury's dicta on the role of the Supreme Court to "say what the law is" is also stare decisis but is on much more solid ground jurisprudentially.

    With my not "bedrock" comment, I am simply saying that the language used by the writer (and anaylzed for authorship by SC scholars to predict future voting patterns) is considered weaker - by many inside and outside of the 'pro-life' groups - than other, more concrete statements.

    I agree with whomever wrote the passage, but I know that the language doesn't carry alot of water and that a strong argument will not rely upon it exclusively.  Of course I don't think you are relying on it exclusively, but I did want to point out the controversy on that particular passage.

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