READING THE KAVANAUGH TEA LEAVES ON ROE V. WADE. Kavanaugh cites Roe v. Wade in opinion explaining when to overturn ‘erroneous precedents’
Kavanaugh asserted that history shows that the tradition of following judicial precedent – commonly referred to as the doctrine of stare decisis – “is not an ‘inexorable command.’” Still, he made clear that “to overrule a constitutional precedent, the Court requires something ‘over and above the belief that the precedent was wrongly decided.’”