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To: seamole
Justice Scalia's dissenting opinion ^, which also explains the flaws in O'Connor's constitutional logic in part V of his dissent, is an explosive indictment of the majority opinion

And of their hypocrisy.

Today's approach to stare decisis invites us to overrule an erroneously decided precedent (including an "intensely divisive" decision) if: (1) its foundations have been "eroded" by subsequent decisions, ante, at 15; (2) it has been subject to "substantial and continuing" criticism, ibid.; and (3) it has not induced "individual or societal reliance" that counsels against overturning, ante, at 16. The problem is that Roe itself--which today's majority surely has no disposition to overrule--satisfies these conditions to at least the same degree as Bowers.

174 posted on 07/04/2003 11:00:17 PM PDT by Roscoe
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