Dobbs Decision Overturn Factors

Yes, your understanding is correct. In the Dobbs decision, the factors that support overturning Supreme Court precedent include:
- If the issue politicizes other related doctrinal issues.
- If a test is inherently standardless with vague subrules.
- If the court imposes a scheme with rules ungrounded in constitutional law.
- If the holding is egregiously wrong and deeply damaging, similar to Plessy v. Ferguson.
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In the Dobbs v. Jackson Women's Health Organization decision, Justice Alito's majority opinion refers to Plessy v. Ferguson as an example of a decision that was egregiously wrong and deeply damaging. The opinion cites:
"Like the infamous decision in Plessy v. Ferguson, which 'betrayed [the Court's] commitment to equality before the law,' Roe was also 'egregiously wrong' and caused significant societal harm."
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Sure, here are the relevant citations from the Dobbs v. Jackson Women's Health Organization decision:
- Politicization of Doctrinal Issues: The Court noted that Roe and Casey had "enflamed debate and deepened division" over the issue of abortion.
- Standardless Test and Vague Subrules: The opinion criticized Roe for creating an "arbitrary viability line" and Casey for the "undue burden" standard that was difficult to apply.
- Scheme Ungrounded in Constitutional Law: The decision argued that the right to abortion was not "deeply rooted in this Nation’s history and tradition" and not implicit in the concept of ordered liberty.
- Egregiously Wrong and Deeply Damaging: As previously mentioned, the Court compared the Roe decision to Plessy v. Ferguson, stating it was "egregiously wrong from the start".
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