Reply #18: If stare decisis was absolute

[Solo_in_MD]

DredScott would not have been overturned and he would be a slave.

Stare Decisis at some level has to be the basis of any viable legal system. The question is "how much".

For example Poletown was recently overturned. A good thing IMO.

Like others here have stated in other threads, Roe v Wade is a horribly reasoned decision. The penumbra and emanations arguments was one of the silliest things I have ever read. However it gave the pols cover so they did not have to pass it at a Federal level. I fully support a woman's right to choose. However, it needs to be done in a manner that can not be tossed out by the change of a couple of people on a court. For now stare decisis is the only thing protecting Roe v Wade