tag:blogger.com,1999:blog-5574479.post4815409481432202917..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Allen v. Cooper - U.S. States Have Sovereign Immunity from Copyright DamagesVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-68112843569509856172020-03-24T17:01:11.179+00:002020-03-24T17:01:11.179+00:00June Medical Services LLC v. Russo - a case concer...June Medical Services LLC v. Russo - a case concerning admitting privilege requirements for abortion providers - is currently before the Supreme Court. One key issue in the case is the effect of stare decisis and the requirements to overturn binding precedent. In that case, the Court decided a nearly identical issue in Whole Woman’s Health v. Hellerstedt in 2016. Unless there are other cases in Justice Thomas' sights, I think it's a possibilityThomas Keyhttps://www.blogger.com/profile/14913019947746131004noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13768885692736033882020-03-24T13:53:41.805+00:002020-03-24T13:53:41.805+00:00Thomas writes:
"Although Justice Thomas concu...Thomas writes:<br />"Although Justice Thomas concurred with the conclusion of the Court, he wrote separately to identify three points of disagreement. First, Justice Thomas did not agree with the "special justification" requirement for stare decisis in spite of wrongly decided cases. Rather, the Justice considers it the obligation of the Court - when faced with demonstrably erroneous precedent - to “correct the error, regardless of whether other factors support overruling the precedent.” Justice Thomas concluded, however, that Florida Prepaid was correctly decided, prompting adherence with stare decisis."<br />One wonders whether Justice Thomas has Roe v.Wade in mind, should the US Supreme Court choose to reconsider its ruling on abortion rights.Neil Wilkofhttps://www.blogger.com/profile/04200865773480720037noreply@blogger.com