Despite his criticisms of Roe, he also believed in stare decisis
Why Didn't Justice Kagan Join Justice Sotomayor's Opinion Respecting Certiorari in National Coalition for Men v. Selective Service System?
Many were surprised that the K-named Justice joining Justice Sotomayor was Justice Kavanaugh instead of Kagan.
An interesting question of institutional norms
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.