2 ms·
Roe was law, certainly, but only after Casey were courts compelled to treat it as established precedent as the findings in Roe were reasserted. Prior to Casey,
by Maursault 5y ago
Roe was law, certainly, but only after Casey were courts compelled to treat it as established precedent as the findings in Roe were reasserted. Prior to Casey, Roe had not been seriously challenged in a way that would affect Roe. Casey upheld Roe, establishing Roe as precedent. If today, the Supreme Court issued a finding overturning Roe, it would be law, but that would not establish any precedent. It would be ignoring precedent. But subsequently if this new ruling overturning Roe was challenged and upheld, only then does it become precedent.
Not every finding of the Supreme Count or any court establishes precedent. Only the findings upholding previous cases allow those previous cases to become precedent. Otherwise, the word "precedent" becomes superfluous and has no distinct meaning from "the law."