Evaluation Of Scalia's Dissent On Lawrence V. Texas
Amanda Black
Exam Essays
Fall Quarter
12/5/2007
Scalia explains his dissenting opinion to the overturning of Lawrence v. Texas by comparing the case to Roe v. Wade in three areas. He looks at stare decisis, fundamental rights, and legal moralism.
There are three things that need to be proven before the court can overrule a decision in regards to stare decisis. 1) Its foundations have been eroded by subsequent decisions; 2) it has been subject to substantial and continuing criticism; 3) it has not induced individual or social reliance that counsels against overturning it. The court ruled that all of these requirements have been met in Bowers; therefore they overturned Lawrence v. Texas.
The court now claims that Planned Parenthood v. Casey "casts some doubt" on the ruling of Bowers, but Scalia doesn't believe that is strong enough to meet the first requirement. There are other cases, such as Roe v. Wade, that truly have been eroded. It has been eroded by Planned......
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Approximate Word Count: 1350
Approximate Pages: 6 (250 words per double-spaced page)
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Evaluation Of Scalia's Dissent On Lawrence V. Texas
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