Finding Judicial Constellations

A Relational Thematic Content Analysis of Stare Decisis During the Roberts Court

Abstract

The Supreme Court’s recent overturning of the long-standing precedent Roe v. Wade has cast uncertainty over the future of stare decisis application and interpretation. As the Court continues to shift ideologically, understanding the thematic frameworks in cases that fail to abide by the doctrine could prove valuable in consolidating an approach to the Roberts Court’s interpretation of stare decisis. This paper explores a set of cases, the relationships between them, and the underlying themes in opinion rationale in order to unearth the intentions and potential implications of the Roberts Court’s stare decisis application.