The Supreme Court’s
abortion decision seems pulled from the ‘Casey’ playbook
Opinion by Melissa Murray
June 29, 2020
Depicted as a serpent or a dragon eating its own tail, the ouroboros in Greek
mythology was interpreted as a symbol of eternal renewal — the infinite cycle
of life, death and rebirth. Now, the ouroboros lives on in the Supreme Court’s
abortion jurisprudence and in the court’s invocation of the doctrine of stare
decisis.
Latin for “let the decision stand,” stare decisis has shaped the court’s
abortion jurisprudence — and the public debate over abortion rights. Consider
the calls to overrule Roe v. Wade, the 1973 Supreme Court decision that
recognized a woman’s right to choose an abortion. Although abortion opponents
insist that Roe is both morally abhorrent and constitutionally unprincipled,
the court, citing deference to precedent, has declined multiple invitations to
overrule the decision.