Dobbs v. Jackson Women's Health Organization
Is it still good law? What later courts have actually done to this case.
Status
481 later cases cite Dobbs v. Jackson Women's Health Organization; 194 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Dobbs v. Jackson Women's Health Organization?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Criticized
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The court criticized the Supreme Court's stare-decisis approach in Dobbs as “seemingly cavalier,” while acknowledging that lower courts remain bound by controlling precedent.
Whitman v. Keys · E.D. Washington · filed
Although the United States Supreme Court has recently adopted a seemingly cavalier approach to stare decisis,1 this Court is bound to follow controlling Supreme Court precedent until it is explicitly overruled by that Court. Nunez-Reyes v. Holder, 646 F.3d 684, 692 (9th Cir. 2011) (citation omitted). Based on the reasoning of Jones v. Hendrix, __ U.S. __, 143 S.Ct. 1857 (2023), this Court no longer has jurisdiction to hear Mr. Whitman’s 2241 Petition. 1 See, e.g., Dobbs v. Jackson Women’s Health Org., __ U.S. __, 142 S. Ct. 2228, 2319-20, 213 L.Ed.2d 545 (2022) (Breyer, J., Sotomayor, J., and Kagan, J., dissenting) (criticizing the majority’s “cavalier approach” to stare decisis and arguing that “the Court reverses course today for one reason and one reason only: because the composition of this Court has changed”).
Read the full opinion on CourtListener →
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