Justice Alito Made Biden’s Solicitor General Defend Racist SCOTUS Precedent Plessy President Joe Biden’s solicitor general defended an egregious Supreme Court precedent that upheld state-imposed racial segregation during oral argument in the abortion case Dobbs v. Jackson Women’s Health Organization on Wednesday.
U.S. Solicitor General Elizabeth Prelogar argued that Planned Parenthood v. Casey rightly upheld Roe v. Wade in accordance with stare decisis, or binding precedent, saying that if the justices had overturned Roe based solely on the belief that it was wrongly decided, that would have been detrimental to the rule of law. This led Justice Samuel Alito to press the Biden appointee on erroneous precedents.
“Is it your argument that a case can never be overruled simply because it was egregiously wrong?” Alito asked, to which Prelogar said states would at least have to have come forward with materially new arguments or circumstances that warrant overruling.