Second, the Court's failure to overrule Roe in a given case constitutes an actual reaffirmance
of the decision, strengthening Roe as a precedent of the Court and protecting it further from future reversal.
(More generally, a member of Congress who voted for a bill that failed might still be injured by, and join a lawsuit to contest, the President's action in nevertheless implementing the failed bill as law; the member might have supported the content of the bill as a matter of policy yet be concerned about the dilution of congressional power the President's implementation of an unenacted bill might effect.) For the same reasons that underlie Raines's reaffirmance
of Coleman, there similarly should be standing to recognize challenges to vote nullification over time.
(267) Thus, despite the Court's virtually simultaneous reaffirmance
of its "colorblind" approach to affirmative action doctrine in Fisher, it would not, in Adoptive Couple, seek to extend that doctrine to the family law domain.
Instead, it seemed to read Comcast as merely "reaffirm[ing] the settled rule that liability issues relating to injury must be susceptible of proof on a classwide basis...." (84) A mere reaffirmance
of settled law, however, would not have indicated to the Supreme Court that there was a "reasonable probability" of reversal in light of Comcast--the standard for a GVR order.
of Business Method Patents: Bilski
Henkel sharply criticizes the majority's holding in Textron, stating, "[d]espite this alleged reaffirmance
[of First Circuit precedent], the majority proceeds to inconsistently and wrongly apply a new standard that turns 60 years of jurisprudence on its head." Henkel, supra at 237-39.
by Union Carbide (and in the Fifth Circuit's reversal of McFer-rin) of Cohan as a viable precedent is reason for optimism, but it is unlikely that the IRS will immediately give up on this issue.
popular reaction (which could as easily view the reaffirmance
of Roe as
(83) The final significant use of force aspect of the ECOMOG intervention was the use of Nigeria's Alpha jets to strike targets in Taylor's territory, which gave rise to allegations of ECOMOG's intention to attack hospitals and a reaffirmance
of the principle of "medical neutrality" by the U.N.
It is simply a reaffirmance
of a rule of property ...
However, the Smith opinion's reaffirmance
and illustration of the Kluger holding combined with its specific inclusion of common law adopted via the receiving statute, effectively immunized English common law causes of action co-equally with state constitutional rights against legislative action.
The other such tight was that of reproductive choice, whose reaffirmance
in a 1992 plurality opinion, Planned Parenthood of Southeastern Pennsylvania v.