Page:Dobbs v. Jackson Women's Health Organization.pdf/194

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Cite as: 597 U. S. ____ (2022)
47

Breyer, Sotomayor, and Kagan, JJ., dissenting

of home and family life," with "special responsibilities" that precluded their full legal status under the Constitution. Hoyt v. Florida, 368 U. S. 57, 62 (1961). By 1973, when the Court decided Roe, fundamental social change was underway regarding the place of women and the law had begun to follow. See Reed v. Reed, 404 U. S. 71, 76 (1971) (recognizing that the Equal Protection Clause prohibits sex-based discrimination). By 1992, when the Court decided Casey, the traditional view of a woman's role as only a wife and mother was "no longer consistent with our understanding of the family, the individual, or the Constitution." 505 U. S., at 897; see supra, at 15, 23-24. Under that charter, Casey understood, women must take their place as full and equal citizens. And for that to happen, women must have control over their reproductive decisions. Nothing since Casey—no changed law, no changed fact—has undermined that promise.

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The reasons for retaining Roe and Casey gain further strength from the overwhelming reliance interests those decisions have created. The Court adheres to precedent not just for institutional reasons, but because it recognizes that stability in the law is "an essential thread in the mantle of protection that the law affords the individual." Florida Dept. of Health and Rehabilitative Servs. v. Florida Nursing Home Assn., 450 U. S. 147, 154 (1981) (Stevens, J., concurring). So when overruling precedent "would dislodge [individuals'] settled rights and expectations," stare decisis has "added force." Hilton v. South Carolina Public Railways Comm'n, 502 U. S. 197, 202 (1991). Casey understood that to deny individuals' reliance on Roe was to "refuse to face the fact[s]." 505 U. S., at 856. Today the majority refuses to face the facts. "The most striking feature of the [majority] is the absence of any serious discussion" of how