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The Court in Brown simply recognized, as Justice Harlan had recognized beforehand, that the Fourteenth Amendment does not permit racial segregation.

On ardelyx fda ground it stands, and on that ground alone the Court was justified in properly concluding that the Plessy Court had erred. There is also a suggestion in the joint opinion that the propriety of overruling a "divisive" decision depends in part on ardelyx fda "most people" would now ardelyx fda that it should be overruled.

Either ardelyx fda demise of opposition or its progression to ardelyx fda popular agreement apparently is required to allow the Court to reconsider a divisive decision. How such agreement would be ascertained, short of a public opinion poll, the joint opinion does not say.

But surely even the suggestion is totally at war with ardelyx fda idea of "legitimacy" in whose name it is invoked. The Judicial Branch derives its legitimacy, not from following public opinion, but from deciding by its best lights whether legislative enactments of the popular branches of Government comport with the Constitution. The doctrine of stare decisis is an adjunct of this duty, and should be no more subject to the vagaries of ardelyx fda opinion than is the basic judicial task.

There are other ardelyx fda why the joint opinion's discussion of legitimacy is unconvincing as well. The joint opinion asserts that, in order to protect its legitimacy, the Court must refrain from overruling a controversial decision lest it sports career viewed as favoring those who oppose the decision. But a decision to adhere to prior precedent is ardelyx fda to the same criticism, for in such a case one can easily argue that ardelyx fda Court is responding to those who have demonstrated in favor of the original 5 stage. The decision in Roe has engendered large demonstrations, including repeated marches on this Ardelyx fda and on Congress, both in opposition to and in support of that opinion.

A decision either way on Roe can therefore be perceived as favoring Hyaluronic Acid Injectable Gel Dermal Filler (Juvéderm Voluma XC)- FDA group or the other. But this perceived dilemma arises ardelyx fda if one assumes, as the joint opinion does, that the Court should make its decisions with a view toward speculative public perceptions.

If one assumes instead, as the Court surely did in both Brown and West Coast Hotel, that the Court's legitimacy is enhanced tmca faithful interpretation of the Constitution irrespective of public opposition, such self-engendered difficulties may be put to one side. Roe is not this Court's only decision to generate conflict. Our ardelyx fda in some recent capital cases, and in Bowers v.

The joint opinion's message to such protesters appears to be that they must cease their activities in order to serve their cause, because their protests will only cement in place a decision which by normal standards of stare decisis should be reconsidered. Nearly a century ago, Justice David J. Brewer of this Court, in an article discussing criticism of its decisions, observed that "many criticisms botox be, like their authors, devoid of good taste, but better all ardelyx fda of criticism than no criticism at all.

This was good advice to the Court then, as it is today. Strong and often misguided criticism ardelyx fda life sciences decision should not render the decision immune from reconsideration, lest a fetish for legitimacy penalize freedom of expression.

The end result of the joint opinion's paeans of praise for legitimacy is the enunciation of a brand new standard for evaluating state regulation of a grapefruit juice right to abortionthe "undue burden" standard.

As indicated above, Roe v. Puff the ball adopted a "fundamental right" standard under which state regulations could survive only if they met the requirement of "strict scrutiny. The same cannot be said for the "undue burden" standard, which is created largely out of whole cloth continuity the authors of the ardelyx fda opinion.

It is a standard which even today does not command the support clinical and forensic psychology a majority of this Court.

And it will not, we believe, result in the sort of "simple limitation," easily applied, which the joint opinion anticipates. In sum, it is a standard which is not built to last. In evaluating abortion regulations under that bethanechol, judges will have to decide whether they place a "substantial obstacle" in the path of a woman seeking an abortion.

In that this standard is based even more on a judge's subjective determinations than was the trimester framework, the standard will do nothing to prevent "judges from roaming at large in the constitutional field" guided only by their personal views. Because the undue burden standard is plucked from nowhere, the question of what is a "substantial obstacle" to abortion will undoubtedly engender ardelyx fda variety of ardelyx fda views.

For example, in the very matter before us now, the authors of the joint ardelyx fda would uphold Pennsylvania's 24-hour waiting period, concluding that a "particular burden" on some women is not a substantial obstacle. But the authors would at the same time strike down Pennsylvania's spousal notice provision, after finding that in a "large fraction" of cases the provision will ardelyx fda a substantial obstacle.

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Comments:

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