Taming Unworkability Doctrine: Rethinking Stare Decisis

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50 Ariz. St. L.J. 1215 (2018). Mary Ziegler.

Unworkability, a factor in the Supreme Court’s analysis of stare decisis, has played a central role in recent blockbuster decisions, including Janus v. American Federation of State, County, and Municipal Employees, Council 31 and South Dakota v. Wayfair, Inc. Since the retirement of Anthony Kennedy, unworkability has taken on additional importance, especially since the Court seems more likely to reconsider decisions including Roe v. Wade and Planned Parenthood v. Casey. Despite the importance of unworkability jurisprudence, there is relatively little scholarship about its evolution or meaning. This Article offers an original legal history of the surprising relationship between abortion law and unworkability.

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