“Supreme Court Decision Just Opened the Door for Overturning Roe v. Wade”

That’s the title of a  article discussing the Supreme Court’s decision in Franchise Tax Board v. Hyatt (May 13, 2019). In Hyatt, the Court overruled Nevada v. Hall, a Supreme Court decision from 1979. Nevada v. Hall decided that states were not immune from suit in the state courts of other states. In Franchise Tax Board v. Hyatt, the Court overruled Nevada v. Hall. In so doing, the Court (in a 5-4 decision) emphasized that stare decisis is not an inexorable command. Justice Breyer’s dissent criticized the majority for being too willing to overturn a decision and he stated that the “decision can only cause one to wonder which cases the Court will overrule next.” Breyer cited Casey’s endorsement of stare decisis. Many observers have speculated that Breyer’s opinion is a warning that the Court will soon overrule Roe v. Wade and Planned Parenthood v. Casey.

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew.