Page:Dobbs v. Jackson Women's Health Organization.pdf/208



This Appendix analyzes in full each of the 28 cases the majority says support today's decision to overrule Roe v. Wade, 410 U. S. 113 (1973), and Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992). As explained herein, the Court in each case relied on traditional stare decisis factors in overruling.

A great many of the overrulings the majority cites involve a prior precedent that had been rendered out of step with or effectively abrogated by contemporary case law in light of intervening developments in the broader doctrine. See Ramos v. Louisiana, 590 U. S. __, __ (2020) (slip op., at 22) (holding the Sixth Amendment requires a unanimous jury verdict in state prosecutions for serious offenses, and overruling Apodaca v. Oregon, 406 U. S. 404 (1972), because "in the years since Apodaca, this Court ha[d] spoken inconsistently about its meaning" and had undercut its validity "on at least eight occasions"); Ring v. Arizona, 536 U. S. 584, 608-609 (2002) (recognizing a Sixth Amendment right to have a jury find the aggravating factors necessary to impose a death sentence and, in so doing, rejecting Walton v. Arizona, 497 U. S. 639 (1990), as overtaken by and irreconcilable with Apprendi v. New Jersey, 530 U. S. 466 (2000)); Agostini v. Felton, 521 U. S. 203, 235-236 (1997) (considering the Establishment Clause's constraint on government aid to religious instruction, and overruling Aguilar v. Felton, 473 U. S. 402 (1985), in light of several related doctrinal developments that had so undermined Aguilar and the assumption on which it rested as to render it no longer good law); Batson v. Kentucky, 476 U. S. 79, 93-96 (1986) (recognizing that a defendant may make a prima facie showing of purposeful racial discrimination in selection of a jury venire by relying solely on the facts in his case, and, based on subsequent developments in equal protection law, rejecting part of Swain v. Alabama, 380 U. S. 202 (1965), which had imposed a more demanding evidentiary